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What Limitations Apply to Liability Policies

Does a wrongful act have to be inadvertent? What is the scope of the contractual liability exclusion?
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Is there concurrence about the occurrence?

A recent decision of the Supreme Court of Queensland explored what event constituted an occurrence for the purpose of a liability policy.
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Misrepresentation Regarding Ownership of Insured Property

Gonzales & Barrett v The Hollard Insurance Company Pty Ltd [2016] NSWLC 9
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“The customer is always right?”

Ms Young successfully sued Aldi in the District Court of NSW following an incident at an Aldi supermarket. Ms Young injured her knees and lower back after stumbling over the prongs of a pallet jack full of strawberries which was being unpacked by an Aldi employee. Aldi unsuccessfully argued that its employee made Ms Young aware of the pallet jack and therefore the pallet jack was an obvious risk. A finding of 10% contributory negligence was made. Aldi appealed.
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Plaintiff loses shopping trolley collision claim

Vincent v Woolworths Ltd [2016] NSWCA 40 relates to a claim brought by Ms Vincent (plaintiff) in respect to injuries sustained when she stepped backwards off a small safety step ladder in a Woolworths Supermarket and collided with a shopping trolley being pushed by a customer.
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Child ran over and seriously injured by family’s ride-on mower

The Court of Appeal of Western Australia has weathered a storm of creative arguments to hold that “normally living” at a residence, within the meaning of an exclusion clause (in home insurance liability cover), is not an ‘act’ within the meaning, or attracting the operation, of section 54(1) of the Insurance Contracts Act 1984 (Cth)(ICA).

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