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Water tight? The Queensland District Court considers the effect of a flood exclusion clause

The Queensland District Court recently considered the effect of a ‘flood exclusion clause’ arising out of the 2011 Brisbane floods.
  • 27 Jun 2018

When is that which occurred not an “Occurrence”?

In the recent case of Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance [2018] NSWCA 100, the NSW Court of Appeal looked at the meaning of “Occurrence” in a policy wording in the context of the distinction between the damage that occurred and what caused that damage to occur.
  • 13 Jun 2018

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.

Deconstructed construction

There have been many cases on how to interpret insurance policies. The principles of policy interpretation are reasonably succinctly stated but it is their application and their interaction which can be difficult.

Keep a Watch on What the Policy Covers

In Kalloghlian v Chubb Insurance Company of Australia Ltd [2016] NSWSC 902, an insured made a claim under a contents policy for a lost Rolex watch.  The insurer rejected the claim and the insured commenced proceedings in Local Court.  The magistrate found in favour of the insurer. The insured appealed to the NSW Supreme Court asserting an error of law.

Brothels, Bikies and Non-Disclosure

In the recent case of Stealth Enterprises Pty Ltd t/as The Gentleman’s Club v Calliden Insurance Limited [2015] NSWSC 1270, the New South Wales Supreme Court found that the insured company (Stealth), which operated a brothel in the ACT known as “The Gentleman’s Club”, had breached its statutory duty of disclosure by failing to disclose to its insurer (Calliden).

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