Publications (1537)

Summary

The UK Supreme Court recently handed down its decision on an appeal concerning a professional indemnity policy's aggregation clause. The issue in dispute was over precisely what was meant by the phrase "in a series of related matters or transactions", and whether it served to aggregate underlying claims.

Last April, the Federal government provided ASIC $57 million to launch the 'HMAS Enforcement and Surveillance'. This ship is currently steaming around the financial services seas and has already taken aim at a number of issues facing the life insurance, general insurance and banking sectors.

We are delighted to welcome you to the fourth edition of the HWL Ebsworth Life Insurance Quarterly Newsletter.

Once an insured person has demonstrated a prima facie disability, and an ongoing inability to perform pre-injury duties, the assessment of a TPD claim often involves consideration of other occupations that person might be able to undertake.

The Life Insurance Code of Practice (the Code) presents a guide for obtaining targeted and effective surveillance evidence in appropriate cases.

There are risks of forming a mistaken view about the existence of certain facts based on the contents of medical notes written by a doctor (typically, a treating general practitioner) or by reference solely to records about a claimant prepared by their former employer.

A point of contention between plaintiffs' lawyers and insurers regarding TPD claims in Queensland is the date at which TPD is to be assessed.

Almost nine months after its completion in July 2016, the Report of the Major Hazard Facilities Advisory Committee (Committee) was released in March 2017. The Committee reviewed Victoria's land use planning framework for areas surrounding Major Hazard Facilities (MHFs), and has made recommendations intended to better protect MHFs from encroachment by more sensitive uses such as residential development. Some examples of registered MHFs include oil refineries, LPG facilities, large fuel and chemical storage sites, and chemical plants.

When managing the return of employees to the workplace after they have been absent due to illness or injury, do employers have the right to direct employees to undergo an independent medical examination by an employer nominated doctor, particularly when they have concerns for the health and safety of employees?

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