Colin Biggers & Paisley
These cases are positive news for defendants and insurers but each case will turn on its facts and detailed evidence.
Principles from UK insurance test cases could provide guidance in Australia to determine COVID-19 coverage disputes.
Carroll & O'Dea
Answers to frequently asked questions around TPD including: What is TPD insurance? What does TPD mean? etc
Notification of facts that might give rise to a claim must be detailed & comprehensive to indicate that the claim may arise.
Clyde & Co
In Felix v NULIS Nominees (Australia) Ltd  FCA 596, Stewart J upheld a determination of the Superannuation Complaints Tribunal (Tribunal) that an Insurer's decision to decline a TPD claim
A case for the List in resolving discrete disputes around policy & statutory interpretation.
Johnson Winter & Slattery
Trade credit insurance policies can provide financial relief to businesses whose buyers are unable to pay their debts as and when they fall due.
Recent reforms improve Australian insurance claims handling, with stronger enforcement of the duty of utmost good faith.
There are a variety of relevant captive insurance domiciles, including offshore and US onshore opportunities.
In part two of this three-part series shining a spotlight on captive insurance companies, Managing Director - Bermuda, Alison Dyer identifies the key elements required to establish an effective captive.
Insurtech will continue to transform the risk transfer industry. But to understand how that will happen it is important to consider how the industry has changed in other important ways up to this...
Bermuda's re/insurance industry has displayed remarkable agility while adapting in response to the COVID-19 pandemic. Leading insurers and reinsurers remain open for business, and continue to...
In part one of this three-part series shining a spotlight on the establishment of a captive insurance company, Managing Director - Bermuda, Alison Dyer details the key benefits of an effective captive and why it is ...
Oblon, McClelland, Maier & Neustadt, L.L.P
In many cases, parties approach pre-judgment interest ("PJI") as a mechanical exercise, applying rates set out under the Courts of Justice Act ("CJA") and calculating them on a simple interest basis.
Theall Group LLP
The Ontario Superior Court of Justice recently held that an insurer who wrongfully denied a US$121 million claim must pay prejudgment interest based on the actual cost of borrowing...
McCague Borlack LLP
This was a dispute between AIG Insurance Company of Canada and Lloyd's Underwriters in respect of the duty to defend a claim brought against the City of Markham.
Rogers Partners LLP
The applicant claimed to have been involved in an automobile accident in March 2017.
Clyde & Co
Tempêtes, pannes de courant, glissements de terrain, fermetures de routes : c'est en raison de ce bilan que les inondations du printemps dernier au Québec ont été désignées comme « événement...
Theall Group LLP
The Ontario Court of Appeal recently addressed three important elements of the duty to defend, where there is concurrent coverage under two policies...
McLennan Ross LLP
The Alberta Court of Appeal released two insurance coverage decisions on April 28, 2020 giving further direction and consideration to analysis of policies and coverage issues arising from same.