HWL Ebsworth Insurance Review – November 2016

21 November 2016

We are delighted to welcome you to the latest edition of the HWL Ebsworth Insurance Review.

We are pleased to bring you the last of our quarterly series addressing a range of significant issues and cases from various States and Territories.

We hope you will find this edition useful and we encourage you to pass it on to others to whom it may be of interest. If they would like to be added to our mailing list, please contact marketing@hwle.com.au. 

In this edition we review the following topics:

Nervous shock and the 2012 amendments to the workers compensation legislation

We discuss the 2012 amendments to the Workers Compensation Act 1987, and the implications for non-workers claiming damages for nervous shock.

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When plaintiffs drag the chain – a uniquely Queensland perspective

Recent Queensland professional liability cases illustrate the influence of Rule 5 of the Uniform Civil Procedure Rules, in claims where the plaintiffs have been dilatory in prosecuting them.

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Don’t be so reckless – when does an insured’s conduct go beyond inadvertence?

Insurance policies generally exclude indemnity for liability arising out of reckless conduct or circumstances in which the insured has ‘courted the risk’. The issue as to what constitutes reckless conduct has been the subject of consideration by Appeal Courts in New South Wales and Queensland and the implications of those decisions are discussed below.

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NSW Court of Appeal – Good faith, insured’s privilege, “loans” to insureds, other insurance, and more

In a recent decision by the Court of Appeal dismissing an appeal by Lambert Leasing Inc and Saab Aircraft Leasing, and finding in favour of QBE, the Court discusses an insurer’s duty of good faith in the context of the vexed issue of a claim for privilege over documents pertinent to the claim for cover, as well as the impact of “other insurance” clauses in the context of s45 of the Insurance Contracts Act.

To read more click here.

Maxing money in Money Max

The recent Full Federal Court decision of Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Ltd suggests there may be a greater propensity for class action members to entertain funded litigation.

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Social media: “friends” and fraud investigation

Social media is a game changer. As a society we are no longer passive consumers of media, we are active participants. It is this concept of “user generated content” that brings inherent risks and challenges for insurers, but also significant opportunities.

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The opportunity and the occasion – vicarious liability for the criminal acts of employees

The High Court, in its recent decision of Prince Alfred College Incorporated v ADC, clarifies the approach to determining the vicarious liability of an employer for the wrongful or criminal acts of its employees.

To read more click here.

We hope you find this edition informative and insightful.

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