Known Circumstances And Disclosure
Known Circumstances and Disclosure Insurance update – Directors and Officers Recent worldwide economic developments have precipitated the collapse of a number of corporations and Australia has not been immune, with the likes of ABC Learning. D & O Policies are ‘claims made’ or ‘claims made and notified’ policies, meaning that a failure to notify insurers […]
Discharge Of Insurers’ Obligations
Discharge Of Insurers’ Obligations Effective exercise and discharge of an insurer’s payment obligations A recent decision of the Queensland Supreme Court in Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd [2010] QSC 313 has confirmed that in a situation where insurers are responding to claims where they have several options of settlement they […]
Double Insurance
Double Insurance Section 45(1) of the Insurance Contracts Act 1984 (Cth) provides: This section renders void so-called “other insurance” provisions of general insurance contracts which limit or exclude the liability of the insurer to indemnify the insured against loss because the insured has entered into another contract of insurance in relation to the same risk. […]