In Westpac Life Insurance Services Ltd [2019] FCA 125, the Court approved of the paymebtinto Court of the proceeds of a Life insurance policy of a dead insured whose relatives could not be found.
Publish Date: 2019-08-10
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Principles for leave for direct action against insurer.
Whether 'sporting' applies to activity of yoga.
[2020-08-12]
[2020-08-12]
[2020-08-12]
[2020-08-12]
[2020-08-10]
[2020-07-11]
Relationship and utmost good faith relevant butnot conclusive.
General principles.
[2020-06-22]
[2020-06-07]
Principles for Order for Separation of Issue
[2020-05-23]
[2020-05-19]
[2020-05-19]
Indemnity Costs Order against Litigation Funder
What is involved in the driving of the vehicle
When can an Agent engage an insurance broker to act for the principal
Circumstances in which a Contractor's cover is extended to a sub-contractor
An insurer's entitlement to contribution for expenses in defending the common insured
Is an agent's knowledge vested in the insured for the purpose of disclosure?
The elements of and differences beween election, waiver and estoppel
Election requires a choice between inconsistent rights
Principles as to inducement to an insurer by misrepresentation or non-disclosure
[2020-01-26]
A Federal Court has Jurisdiction to make a declaratory judgment on the construction of a policy -
A Settlement by an insured may attract indemnity -
A Declatory Judgment on a matter of Construction of a policy where several similar claims have been made
Principles of anti-suit injunctions
General Rules of Construction
The Character of Liability Insurance
The need for Proof of Liability in respect of a Settlement
The Nature of Activity Covered - incidental activity
‘Acknowledged’ Liability - Meaning of 'acknowledged
Cover of Restitutionary Orders ifincluded in insuring promise
Exclusion: Liability Arising out of Contract -Whether applies to a settlementSettlement
Legally Liable to Pay - Whether applies to a settlementSettlement
Declaratory Judgment - Principles
.An indemnity costs order may be made in unusual circumstances such as a party’s unreasonableness or relevant procedural delinquency. It is not a punishment but adequate compensation for the party who incurs needless expense due to the delinquency
Unjust enrichment alone will not support a cllaim for equitable contribution
Double insurance- escape clauses - Insurance Contracts Act s.45 - Contribution - Master Policies - Effect of definition
Standard of Proof
Whether a party is added as insured. Commercial practicality of single policy for several parties. Appeal on construction. Extrinsic evidence. Effect of negotiations and proposal on construction. Definitions. Avoidance of nugatory effect of term. Correction by construction. Writing compared with printed terms.
[2019-08-10]
Meaning of "damaged" or "defective" or "defective because they are damaged" according to the terms of a Building Construction policy.
If one substantive issue in a proceeding is within the Court's jurisdiction, the whole matteris within it. Ways in which thejurisdiction is enlivened.
Legal Expenses Insurance and Funding - Construction - considerations - Construction - Limit to Businesslike Approach - Subjective Matters not relevant in construction - Conditions Precedent must be clear- Exclusive jurisdiction condition applied - Whether a variation of ontract extinguishes it - Elements of estoppel by convention - Proceedings cannot be brought against unknown defendant - Comparative force of Schedule
The trigger of the Insolvency exclusion is the causal connection between the claim and the insolvency, rather than between the making of the claim and the insolcency.
The scope of the influence of a definition in a statute or commercial document.
Security for Costs
When successive claims made policies covering mitigation costs have a notification of poltential claims extension, there may be an issue as to whether a notification uring one policy as to potential third party liability also amounts to notification of potential liability under that policy or whether notification under a later policy is effective.
Indemnity costs - Calderbank letter - Offer amounting to surrender - not usually a offer of compromise - reasonableness of refusal - Onus - Administrative Review application
When Insured's Settlement of Claim with Claimant Justified - onus of proof
When Cause of Action to Right to Indemnity Arises
Assignment of Insured's Right to Indemnity to Claimant
Insured's Liability Need not be Enforceable
Other Insurance
Cover for Cost of Preventing Covered Loss
Damron Agreement
Severance Clause
Breach of Condition - Onus of Proof
Construction - Nearest Antecedent - Cognate Words
- Insurance Contracts Act s 54 - Proofs
- Limitation of Actions Against Insurer
Double Insurance
"Physical Damage to Property" may include major functionl impairment - Exclusion: Property in Physical or Legal Control applies to contractor's control of property while working on it - Exclusion: Faulty Workmanship - Exclusion: Contractual Liability does not apply to mere productionof defective work - Interest - Construction, Foreign Authorities
Conditions and Exclusions - Onus of Proof
Direct Action - Deregistered Company - Evidence by Default Judgment - Limitations
Exclusions - Unauthorised Transactions - Conflict
Number of Claims
Construction - Deeming Provision - Strict
Construction of Statutes and Contracts - Difference
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A claim for total and permanent disablement under Grooup Life insurance requires a two-stage analysis. The doctrine of privity of contract is relevant to whether a beneficiary is entitled to claim damages for breach of duty of good faith and fair dealing. Stage 1 relates to the satisfaction of insurer in accordance with a termof the policy., which may include an issue as to inconsistency between he claimant’s history and contemporaneous evidence. The second stge concerns the issue whether theclaimant's condition is within the policy's definition of 'totally and permanenty disabled.'.
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In respect of Property insurance, time under a Limitation of Actions statute commences to run when the covered damage to the property occurs. It is irrelevant that the amoount of the promised indemnity cannot be then calculated.
Considerations in excercise of discretion to order a medical exmination
Whether estoppel can arise from an Interlocutory order
Considerations in exercise of discretion to grant leave fordirect actio against insurer.
The elements of relief on the ground of illegitimate economic pressure.
Consideration of Application for transfer of insurer's business to Irish subsidiary in anticipation of Brexit.
Commercialfactor in Construction - Reasonableness ofSettlement by Insured with Claimant may depend on the language of the cover - Compliance with Requirements of an Indemnity Settlement Deed - Meanings of otherwise.
Setting aside an order on the application of a non-party.
Construction. The factor of commerciability is qualified by the paarties' freedom to agree, and the provision of a benefit may depend on the amount of the consideration given for it.
Cover for Costs of Defence - Forms
Insurer's costs of defence - part of claim not covered - allocation
Mitigation of threatened harm - allocation
Return of the premium may be ordered or allowed forin the case of innocent misrepresentation or non-disclosure, but not if it is fraudulent unless the prejudice is minimal
Rectification - Clarity of Proof
Mster Policy - Local Policy - Specific charistics difficult to generalise
Informal Contract - Whether parties intend to be Bound
Construction - Actual intention of parties
Loss of property - Possibility of recovery
Insurance Contracts Act - S 54 - Inherent limitation in claim
Value of property lost - Proof
Average - Designation of property for purpose of
Replacement clause - Property not replaced
Business Interruption cover - Depreciation
Costs - Sanderson Order
Interest - reasonable period for investigation
Principles
Principles of Lump Sum Costs Assessment orders
Reasonableness of charges of Class Action Administrator
Costs - Order for Payment by Non-Party Insurer in respect of Non-Covered Claims
A principal which is added as an insured under a constuction contract may be coveredfor its own neglignce. Relevant principles of construction
Defective workmanship - Application of Liability Insurance Cover - Relevant Exclusions
In a direct action claim, prior admissions by the Insured are admissible against the Insurer
Whether treatment of a claimant as a worker under the W/C Act prevents later denial of the fact in respect of indemnity cover in respect of a later claim for common law damages
For the purpose of aggregation of claims, subject to the terms of the policy, the claims undeer a class action are discrete and are not to be aggregated.
Joinder of a Party in application for rectification of a policy
Need to prove damages
Business Interruption Insurance - Assessment
Interest on Indemnity
Assignment of Insured's Rights
Federal Court Jurisdiction in Insurance Claims
Construction of Policy, General Principles - Policy to be Read asa Whole - Contra Proferentem - Drafting Defects - Technical Terms
Aggregation of Claims
Conditions Precedent
Condition - Compliance with Standards - Implied Term - Policy Statement as to Breach of Condition -
Policy Statement as to Breach of Conditions
Technical Terms in 'Plain English'Policy - Implied Terms - Ambiguity - Condition - Compliance with Standards
Implied Terms
Indemnity Costs
Liability Tree
Some factors in approval of Class Action
Time of Inception of Contract
'Not otherwise insured'
Liability for Compensation for Property Loss
Cost of Temporary Protective Repairs
Time of Cause of Action for Indemnity
Limit of Indemnity for Legal Costs
Evidence - Business Records
Indemnity from other Insurance
Assignability of Policy and Accrued Rights
Damage to 'Projects' - Limits
Settlement of Claims
Appeal on Finding of Fact
Evidence - Admissibility of Insured's Statement
Evidence - Finding on Demeanour
Expert Evidence
Evidence- Admission
Evidence - Claimant's Failure to Call Insured
Section 54 of ICA - Limits
Cover of Management Consultancy - Proof of Cover Generally - Exclusion of Director's Liability
Circumstances of which Added Insured is Aware - Implied Promise to Indemnify for Costs of Defence - Time for Indemnity when Insured is Obliged to Pay Loss - Insured's Right to Allocate Interim Payments - Estoppel by Convention
Condition - Co-operation by Insured
Construction of Exclusion Generally - Professional Advice or Services
Ín Respect of' - 'For' - Separation of Issues
Exclusion of Damages or Compensation for Personal Injury - Exclusion of Assumed Liability - Effect of Consent Judgment - Cross-Liability Clause - Variation of Cover - Disclosure - Reasonableness of a Settlement
Joinder of Party - Exclusion, Vehicles
Brokers - Duty to Advise - Expert Evidence
Class Action - Part Cover - Costs Order Against Insurer
Exclusion - Onus of Poof of Operation
Exclusion - Flood
Fraudulent Claim - Committal for Contempt
Broker's Duty to Advise
Expert Evidence
Reinsurance in Mesothelioma Cases
Utmost Good Faith
Contribution
Exclusion - Onus of Proof
Flood Exclusion
Exclusion - Claim for Loss of Use or Resulting from a Delay
Exclusion -Cost of Performing, Correctingor Improving Work
Exclusion - Damage to Products
Exclusion - Contractual Liability
Exclusion - Product Efficacy
Diect Action Claim - Leave to Proceed
Bankruptcy - Preferential Allocation of Insurance Moneys
Bankruptcy - Effect of Discharge
Exclusion - Known Breaches
Compensation and Exemplary Damages for Fraudulent Claims
Insurance Agent's Duty to Insurer
Exclusion - Known Prior Circumstances
Insurance Agent's Duty to Insurer
Compensation and Exemplary Damages for Fraudulent Claim
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