Australia: Insurance Laws and Products

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Insurance law and insurance regulation thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as reinsurance, insurance law and insurance products.

The "pre-existing condition" dilemma in travel insurance claims

Examine a case study on whether a known medical condition—whose severity was unknown at the time of purchase—is excluded under a travel insurance policy.

Australia Insurance

CO

Carroll & O'Dea

Vague Travel Insurance Policies – How To Navigate "Rubbery Terms"

Understanding these terms is crucial for Australian travellers to ensure they are adequately protected.

Australia Insurance

CO

Carroll & O'Dea

Top Tips and Tricks for Making a Successful Travel Insurance Claim

Travel insurance is a vital safeguard against unforeseen events such as medical emergencies, trip cancellations, and lost luggage.

Australia Insurance

CO

Carroll & O'Dea

2025 Construction Insurance Law - A Year In Review

Our 2025 construction insurance law review provides insights into the latest trends in construction claims and what we expect to see in the future.

Australia Insurance

K

Kennedys

Claimant's duty to co-operate with the insurer is mandatory

Australia Litigation

M

McCabes

How is relative culpability assessed when one party disobeys the road rules?

Australia Litigation

M

McCabes

Am I sufficiently covered by the travel insurance attached to my credit card?

Australia Insurance

CO

Carroll & O'Dea

Can a Side C claim change its spots? The Federal Court doesn't think so…

Australia Insurance

B

Barry Nilsson

FSR GPS: When Can An Account Statement Be Misleading Or Deceptive?

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

AI For Better Insurance

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

3 things that your insurance company won't tell you

Australia Insurance

P

PCL Lawyers

Locked out by section 5: NSW Supreme Court narrows access to insurers under the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW)

Australia Insurance

B

Barry Nilsson

Supreme Court of NSW dismisses direct claim against insurer under Third Party Claims Act

Australia Insurance

K

Kennedys

Uncertainty remains for ‘prior known circumstances exclusions' in Australia: Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited ACN 000 122 850 [2025] HCATrans 46

Australia Insurance

GC

Gilchrist Connell

Inside Safety Podcast Series - Episode 3, Part 1 - Director's Duties

Australia Employment

KL

Herbert Smith Freehills Kramer LLP

UPCOMING WEBINAR: Think Before You Ink - What To Review Before Signing Business Contracts

Australia Commercial

L

LegalVision

Cause And Consequence: Show Cause Letters In The Landscape Of The Workplace

Australia Employment

BP

Bartier Perry

It's Not All Zoom And Gloom: Balancing An Employee's 'Right To Privacy'

Australia Privacy

GC

Gilchrist Connell

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

Case Summary: Forrest V QBE Insurance (Australia) Limited [2025] NSWPIC 206 – Dog Walking Is An Attendant Care Service

The PIC held dog walking can qualify as "attendant care" under NSW motor accident law if injury prevents the claimant from doing it.

Australia Litigation

CO

Carroll & O'Dea

Limitation to the letter – clarifying the 10 year long-stop under the HBA

A 2012 defect notice preserved claim rights, but a builder's 2022 insolvency fell outside the 10-year HBA limit, voiding coverage.

Australia Real Estate

K

Kennedys

Most at fault? Can't get no (reasonable) satisfaction...

In recent case insurer failed to prove the claimant was mostly at fault in a lane merge crash, so statutory benefits continued.

Australia Litigation

M

McCabes

Res Ipsa Loquitor argument is no lay down misère

Recent case serves as reminder that relying on the concept of res ipsa loquitor is fraught with difficulty.

Australia Litigation

M

McCabes

Insurance fraud doesn't pay – AFCA determination exposes the facts

Australia Insurance

K

Kennedys

An uncertain future for "prior known circumstance" exclusions in Australia

Australia Insurance

GC

Gilchrist Connell

Problems with evidence and assessment of damages in W&I claim against insurance tower

Australia Insurance

GC

Gilchrist Connell

What to do if your TPD or income protection claim has been rejected

Australia Insurance

HP

Hall Payne Lawyers

ASIC Enforcement Action: Claims Handling

Australia Insurance

SG

Sophie Grace Pty Ltd

Can I Claim Compensation for Negligence Without a Lawyer?

Australia Litigation

RL

Roche Legal

Case summary: Lowe v Certain Underwriters at Lloyd's of London Subscribing to Policy Number ATCSI00100 [2024] FCA 858 – NRL player loses claim against insurer

Australia Insurance

CO

Carroll & O'Dea

Understanding the transition from Police Blue Ribbon Insurance to the Enhanced Police Support Scheme

Australia Insurance

CO

Carroll & O'Dea

Evic rides again - Driver in single vehicle accident not mostly at fault

Australia Insurance

M

McCabes

Insurance commission consent – conflicted remuneration escape hatch

Australia Insurance

HN

Holley Nethercote

Case summary: Lowe v Certain Underwriters at Lloyd's of London Subscribing to Policy Number ATCSI00100 [2024] FCA 858 – NRL player loses claim against insurer

Decision provides valuable insights into how courts approach the interpretation of technical terms in insurance policies.

Australia Insurance

CO

Carroll & O'Dea

Understanding the transition from Police Blue Ribbon Insurance to the Enhanced Police Support Scheme

Outlines key changes under the new scheme & what these changes mean for NSW Police Officers

Australia Insurance

CO

Carroll & O'Dea

Evic rides again - Driver in single vehicle accident not mostly at fault

Contributory negligence is assessed by reference to the extent to which the driver's conduct departed from the required standard of care.

Australia Insurance

M

McCabes

Insurance commission consent – conflicted remuneration escape hatch

Exemption from conflicted remuneration for commissions on some products will only apply if you obtain consent from the client in certain ways.

Australia Insurance

HN

Holley Nethercote

NSW police insurance scheme ends lump sum payments for TPD

Australia Insurance

S

Stacks Law Firm

NDIS (National Disability Insurance Scheme) fraud in Australia

NDIS fraud occurs when individuals or organisations deliberately deceive the scheme for financial gain.

Australia Criminal

SC

Sydney Criminal Lawyers

Obvious mistake? English Court of Appeal clarifies position on alleged drafting "errors" in warranty and indemnity insurance policies

Project Angel Bidco Ltd (In Administration) v AXIS Managing Agency Ltd & Ors [2024] EWCA Civ 446 - W&I insurance policy

Australia Insurance

K

Kennedys

Understanding Nominal Defendant compensation claims under South Australia's CTP scheme

How to claim compensation for injuries and/or vehicle damage under the CTP scheme in South Australia.

Australia Insurance

MO

Mellor Olsson Lawyers

Case summary: Mandoukos v Allianz Australia Insurance Limited [2024] NSWCA 71 – the importance of clearly defining the medical dispute between parties

Parties to a medical dispute need to ensure that detailed submissions set out the full nature of the dispute.

Australia Litigation

CO

Carroll & O'Dea

Your obligations in a workers compensation claim – what workers need to know

Australia Employment

CO

Carroll & O'Dea

Tempo Holidays Pty Ltd (In Liq) v Tully & Berkley Insurance Australia

Australia Insurance

HW

Holman Webb Lawyers

Case Summary: Allianz Australia Insurance Limited v Yu [2024] NSWSC 31 – Insurer recovers compensation after false & misleading representations

Australia Insurance

CO

Carroll & O'Dea

General Insurance Policies: Tools Of Financial Security Or Instruments Of Coercion And Control?

Australia Insurance

KG

K&L Gates LLP

Breach Your Insurance Policy By Bringing Home Groceries? The Federal Court Doesn't Read It That Way: ASIC V Auto & General

Australia Insurance

PA

Piper Alderman

FSR GPS: Misleading Or Deceptive Conduct – A Disclaimer Antidote?

Australia Finance

HS

Herbert Smith Freehills Kramer LLP

Unfair contract terms: Australian Securities and Investments Commission v Auto & General Insurance Company Limited [2024] FCA 272

Australia Insurance

HW

Holman Webb Lawyers

Debunking superannuation insurance myths - some common misconceptions

Australia Insurance

CO

Carroll & O'Dea

State Of Play: Upholding Fairness In An Insurer's Right To Decline A Claim – The Auto & General Case

Australia Insurance

HS

Herbert Smith Freehills Kramer LLP

Regulatory Rumbles: Interaction Between UCT & The Insurance Contracts Act – The "Flotation Devices"

Australia Insurance

HS

Herbert Smith Freehills Kramer LLP

Not That FAR Away

Australia Insurance

KG

K&L Gates LLP

Work Health and Safety and Other Legislation Amendment Bill 2023 (Qld) - transitional provisions for the introduction of the prohibition of indemnity for penalties

Australia Employment

GC

Gilchrist Connell

Storm Water and Drainage: Your rights

Australia Real Estate

MD

McCarthy Durie Lawyers

5 things to know about claims under Income Protection Insurance cover

Australia Insurance

CO

Carroll & O'Dea

Insurance Comparative Guide

Australia Insurance

LA

LGM Advisors

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Latest Videos

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Q3 Global Marketplace Insights – Australasia (Video)

W

WTW

DOWNLOAD: Minor Injury Guide (CTP Insurance)

HW

Holman Webb Lawyers

Webinar recording: Insurance 2021 - A year in review (23 February 2022)

HW

Holman Webb Lawyers

Insurance Webinar Recording: Apportionment And Contribution In Insurance (Video)

HW

Holman Webb Lawyers

Legal Lockdown - Episode 9: Pivoting your business to navigate a crisis

HW

Holman Webb Lawyers

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