Insurance bulletin – May 2018

10 May 2018

Welcome to the latest edition of the HWL Ebsworth Insurance Review.

We are delighted to bring you content addressing a range of current and emerging insurance issues, trends and cases from across our offices nationally, across various lines of business.

We trust you will find this edition of our Insurance Review helpful and informative. Should you wish to discuss any of these articles in any more detail, please contact any of our partners.

Update re whistle – blower regime

We provide an update on the status of the draft whistleblower legislation (the Treasury Laws Amendment (Whistleblowers) Bill 2017) released last October following the Senate Economics Legislation Committee tabling its recommendations to the Parliament on 22 March 2018 with the legislation still scheduled to commence on 1 July 2018.

For further information, please click here.

Insurers not faring well under new legislation enabling insurers to be joined

The Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) took effect on 1 June 2017. We consider three recent court decisions granting leave for the joinder of insurers under this new Act, being Zaki v Better Buildings Constructions Pty Limited [2017] NSWSC 1522; Rushleigh Services Pty Ltd v Forge Group Limited (In Liquidation) (Receivers and Managers Appointed) [2018] FCA 26 and Mrdajl v Southern Cross Constructions (NSW) Pty Ltd (In Liq) [2018] NSWSC 161, and suggest proactive steps for insurers.

For further information, please click here.

Some recent professional indemnity decisions

We highlight three cases from the first quarter of 2018 in the professional indemnity insurance space where we have seen the High Court bring relief to building certifiers (and their PI insurers), the NSW Court of Appeal refuse to apply a professional liability exclusion in a PL policy to a personal injury claim, and the Federal Court interpret professional activities to include when an insured refuses to do further work.

For further information, please click here.

Contractual liability exclusions – why insurers and insureds need to be mindful

Most liability policies contain some form of contractual liability exclusion. The exclusion is often in terms that the insurer will not be liable for any loss assumed by the insured under a contract or agreement, save to the extent such liability would have attached in the absence of the contract, such as under the common law or a statute. Addressing the effect of exclusion raises challenges for insurers and insureds, particularly when considering contractual indemnities and contracting out of proportionate liability legislation.

For further information, please click here.

Casualty update – obvious risk, dangerous recreational activity & waivers

Obvious risks and liability for dangerous recreational activities are governed by provisions of the NSW Civil Liability Act. These provisions and the way courts have interpreted them are of particular significance to sporting organisations and their insurers.

For further information, please click here.

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