Tag Archives: general insurance

Landmark ruling in Parkerville bushfire litigation

The Supreme Court of Western Australia has found a network authority’s contractor and a private landowner liable in both negligence and nuisance for property damage arising out of the 2014 Parkerville bushfire. Matt McDonald led a Hall & Wilcox team acting for a large group of insured plaintiffs and their insurers in two of the four proceedings, that were heard concurrently.

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Poultry company avoids blame for ‘fowl’ play

On 3 August 2018, Inghams Enterprise Pty Ltd (Inghams) successfully appealed a decision by the District Court of Queensland which found the company negligent for failing to protect a female employee from being attacked by an ex-employee whilst returning to her car after her shift. The Queensland Court of Appeal allowed the appeal on the basis the trial judge erred in finding that Inghams’ breach of duty caused the employee’s injury.

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An Excess of Excess (Clauses)

Foster v QBE European Underwriting Services (Australia) Pty Ltd as managing agent for Lloyd’s Syndicate 386 [2018] NSWSC 440

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WA Insurance Round-Up – Issue 5

Contents

Case updates

Workplace injuries

Dismissal of appeal of arbitrator’s decision declining application for additional funding
The importance of objectivity when determining whether discipline is unreasonable and harsh
Application of Napier test on causation for medical expenses
Cause of incapacity essential in determining entitlement to prescribed amount
Worker’s subjective belief does not determine ‘course of employment
Attempts to re-litigate a resolved dispute results in award of indemnity costs
High Court to decide: new category of duty of care for employers?
Safe system of work requires consideration of common degenerative condition
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WA Insurance Round-Up – Issue 4

Contents

Case updates

Workplace injuries

Plaintiff wholly responsible for accident
Court comments on roles and powers of arbitrators
Authorities confirmed for questions of incapacity and reasonableness
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Aluminium Composite Cladding – what have we learned?

The Grenfell Tower fire tragedy raised many issues around the use of aluminium composite cladding in high rise buildings.

This paper provide a summary of the steps being taken in Australia by Federal and State Governments, and by the wider building industry (known as the chain of responsibility), to ensure the risks are managed and stakeholders are kept informed of their rights and responsibilities, to prevent a tragedy like this happening again.

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Obvious risk – To see or not to see…

In Shannaoui v Perron Investment Pty Ltd1 the District Court of NSW recently considered obvious risk in the context of a raised concrete kerb within a shopping centre car park. Specifically, the Court was required to determine whether the kerb was an obvious risk, and if so, whether the occupier had a duty to warn the plaintiff of the risk of tripping.

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Insurer must cover burnt out brothel with Comancheros affiliations

The insured company operated a brothel from premises located in the ACT. The premises were insured against property damage and liability pursuant to the ‘Adult Industry Insurance Policy’ issued by Calliden. On 1 January 2012, the brothel was extensively damaged by fire. The insured made a claim for damage to contents and for business interruption with Calliden.

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Insurable Interest – Issue 42

Contents

Motley Crewe

Air crash machination

Gloss on Athanasopoulos

The law of unintended consequences

Dot your i’s and cross your herbal t’s

Working for the Man – TNT v Christie revisited

Jet-skiers rescued by section 54

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WA Insurance update – Issue 3

Contents

Workplace injuries

Pre-existing injury at work found not compensable
Court confirms burden of proof and test for causation in workers’ compensation
Solicitor’s failure to identify correct defendant denies plaintiff’s claim
Strict termination notification requirement confirmed
High Court confirms ‘but for’ test for causation
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