Our experienced Insurance & Reinsurance legal team regularly publishes articles and updates - the full list of publications appears below. Our insurance publications provide regular commentary on issues affecting the industry. We also give detailed updates on cases before the courts both in Australia and overseas. If you'd like to be notified when we add new insurance & reinsurance publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Read about our track record in insurance law.
For an overview of the most important cases and developments in this area, see our series of Annual Reviews.
- 09 March 2010
Focus: Causation in lung cancer and other disease casesThe High Court of Australia decided that the asbestos exposure of a smoker who died of lung cancer was not a cause of his injury. The decision highlights the substantial evidentiary burdens imposed on plaintiffs attempting to prove causation in negligence claims where there is no certain medical or scientific proof of what caused their injuries. Partner Andrew Maher reports
- 11 February 2010
Focus: Fraudulent non-disclosure and avoidance in a TPD policyThe New South Wales Supreme Court has clarified its approach in cases of fraudulent non-disclosure in life insurance policies and the meaning of 'totally and permanently disabled'. Partner Matthew Skinner and Lawyer Simone Collier report
- 25 January 2010
Client Update: Proposed amendments to enhance APRA's powers over insurersDraft legislation has been released for public consultation that, if passed, will substantially enhance the Australian Prudential Regulation Authority's power in respect of regulated entities, with the intention of strengthening the authority's ability to manage a financial sector crisis. Partner Dean Carrigan and Senior Associate Amanda Taylor report.
- 15 December 2009
Focus: UK insurance contract law reformedDraft legislation to reform the UK's insurance contract law has been published, which could have considerable significance for the UK insurance market and for international markets that have dealings with it. Partners Oscar Shub and Matthew Skinner and Senior Associate Philip Hopley look at the draft legislation in light of their experience with insurance law reform in Australia and report. To hear Philip Hopley discuss the reform with Boardroom Radio, go to the Allens website
- 10 December 2009
Focus: Validity of 'other insurance' clausesThe High Court has recently confirmed that section 45(1) of the Insurance Contracts Act 1984 (Cth) does not void an 'other insurance' provision that limits the insurer's liability where the insured is named as a non-party insured in another insurance policy.The High Court confirmedthat s45(1) only applies to provisions affecting double insurance where the insured is a party to the other contract of insurance. Partner Jenny Thornton and Lawyer Clara Wren consider the case
- 01 December 2009
Focus: Superannuation fund trustee's obligations in total and permanent disablement claimTwo recent New South Wales Supreme Court decisions, looking at a superannuation trustee's liability to pay interest and costs on the late payment of a total and permanent disablement benefit, have important ramifications for the appropriateness of a trustee conducting a vigorous defence of its conduct, the rate of interest to be applied when there is an alleged breach of trust, and when the trustee rate of interest should be applied. Partner Michael Quinlan and Lawyer Catherine Zahra report.
- 11 November 2009
Focus: New guidance on proportionate liability claimsPartner Matthew Skinner and Senior Associate Philip Hopley consider a recent Victorian Court of Appeal decision and its likely impact on claims involving proportionate liability
- 09 September 2009
Client Update: Proposed regulation of unfair terms in insurance contractsOn 7 September 2009, the Senate Economics Committee handed down its report on the Trade Practices Amendment (Australian Consumer Law) Bill 2009, recommending that it be passed. According to the Committee, existing laws do not adequately protect consumers in insurance contracts. It recommended the Federal Government review insurance legislation in order to provide consumers with an equivalent level of protection, as provided by the Bill for other contracts. Partner John Morgan and Senior Associate Mark Lindfield explain
- 04 September 2009
Client Update: Insurance Act (NSW) expressly excludes reinsuranceOn 1 September 2009, the Insurance Regulation 2009 replaced the Insurance Regulation 2004, in a move that will be welcome to reinsurers doing business in New South Wales. Partner Michael Quinlan and Senior Associate Mark Lindfield explain
- 19 August 2009
Focus: Lexington v Wasa: implications for reinsureds and reinsurersThe House of Lords has overturned the Court of Appeal's judgment, holding that Lexington Insurance Company is not entitled to be indemnified by its facultative reinsurers, AGF and Wasa. The decision examines the presumption that insurance and reinsurance contracts are co-extensive, or 'back-to-back', and will be particularly significant in matters where there is a difference in the law governing the respective contracts. Partner John Edmond and Law Graduate Jonathan Adamopoulos report
- 10 August 2009
Client Update: Choosing the battleground - drafting clear jurisdiction clausesIn any contractual negotiations, particularly those with an international character, it is important the parties choose how and where disputes will be decided, and for this to be reflected clearly in the contract. Failure to do this can have unintended and potentially adverse consequences for one or more of the parties when a dispute arises. A recent case in the NSW Supreme Court has emphasised the importance of clear and precise drafting of jurisdiction clauses. Partner Andrew Maher and Law Graduate Cameron Miles report.
- 15 July 2009
Focus: Insured's entitlement to make a construction claimA recent decision by the New South Wales Court of Appeal provides guidance on what constitutes a 'construction contract' for the purposes of the Building and Construction Industry Security of Payment Act 1999 (NSW). The court confirmed that a requirement under an insurance contract that the insured take reasonable steps to protect the subject matter of the policy is not a separate construction contract between the insurer and the insured. Partner Leighton O'Brien and Law Graduate Merav Bloch report.
- 15 July 2009
Client Update: Insureds should act quickly to seek stamp duty refundsThe NSW Court of Appeal has affirmed an earlier decision that means that insureds may be entitled to a refund of stamp duty paid on general insurance effected in New South Wales prior to 20 June 2006 with persons who were not registered or authorised general insurers under the Insurance Act 1973 (Cth). Partners Adrian Chek and Malcolm Stephens and Senior Associate Chris Peadon report on this decision
- 08 July 2009
Paper: Construction projects and the apportionment of liabilitySenior Associate Andrew Byrne provides a brief overview of legal principles governing the apportionment of liability in the context of construction projects insurance.
- 06 July 2009
Focus: Impact of national consumer law on the insurance industryThe Federal Government's plans to establish a uniform national consumer law have been advanced with the introduction into the Parliament of the Trade Practices Amendment (Australian Consumer Law) Bill 2009. The Bill, to be known as the Australian Consumer Law, includes a range of provisions which will impact on financial services providers including insurers. These include provisions regulating unfair contract terms, and enhancing the enforcement powers of the Australian Securities and Investments Commission
- 03 June 2009
Paper: Aggregation in Insurance and Reinsurance ContractsPartner John Edmond and Lawyer Daniel Mendoza-Jones look at claims arising out of one event or occurrence
- 22 April 2009
Focus: Reinsurance and the Insurance Act 1902A successful appeal against a reinsurance arbitration has provided guidance on the interpretation of the NSW Insurance Act 1902. The recent decision is significant for all cedants and reinsurers whose contracts are subject to New South Wales law. Partner Michael Quinlan and Senior Associate Mark Lindfield explain
- 22 April 2009
Client Update: What limit of liability applies when the policy documents are lost?Recently, the New South Wales Court of Appeal confirmed that being unable to identify the limit of liability under a policy does not require an insurer to provide unlimited cover. Partner Michael Quinlan and Senior Associate Mark Lindfield explain
- 01 April 2009
Focus: APRA's supervisory and enforcement powers to be significantly enhancedAPRA will be given significantly stronger supervisory and enforcement powers under draft legislation introduced by the Federal Government last month. Partner John Morgan and Senior Associate Claire Machin report on the Financial Sector Legislation Amendment (Enhancing Supervision and Enforcement) Bill 2009
- 06 March 2009
Client Update: China adopts changes to its insurance legislationThe Standing Committee of the 11th National People's Congress of the People's Republic of China has passed an amended version of the PRC Insurance Law, to take effect from October this year. Partner Nigel Papi and Senior Associates Ross Keene and Troy Zhang look at the key changes
- 26 November 2008
Focus: InsuranceInsureds may be entitled to a refund of stamp duty paid on general insurance placed prior to 20 June 2006 with persons who were not registered or authorised general insurers under the Insurance Act 1973 (Cth). Partners Adrian Chek and Malcolm Stephens and Senior Associate Chris Peadon report on a recent decision of the NSW Supreme Court
- 19 November 2008
Paper: Insurance & Reinsurance - A review of recent reinsurance law decisionsPartner John Edmond and Lawyer Justin Simpkins look at some of the decisions in the last 12 months of the courts of Australia and England which relate to the reinsurer/reinsured relationship
- 21 October 2008
Focus: Insolvency/InsurancePartner Michael Quinlan and Senior Associate Claire Forster consider the decision of the Supreme Court of New South Wales in New Cap Reinsurance Corporation (in liq) v Grant and discuss the implications for insolvency practitioners and insurance and reinsurance companies
- 17 October 2008
Focus: Insurance & ReinsuranceThe Federal Government has this week passed legislation that implements parts of its financial stability package announced on 12 October 2008. Partner Dean Carrigan and Senior Associate Philip Hopley summarise the legislation's effect on the insurance industry and general insurers in particular
- 08 October 2008
Paper: Insurance & Reinsurance - D&O Insurance: Recent developmentsPartner Michael Quinlan and Senior Associate Andrew Byrne discuss a number of recent developments in the directors' and officers' (D&O) insurance landscape
- 03 September 2008
Client Update: Aviation liability insurance reformThe Commonwealth Government has recently introduced new legislation that amends Australia's current system of compulsory non-voidable insurance for passenger-carrying airline carriers. Partner Dean Carrigan and Senior Associate Stephen Sander look at the changes
- 01 September 2008
Focus: Insurance & ReinsuranceCan an insured recover legal costs under a costs extension clause in an indemnity policy, even if it is expressed as being subject to 'an entitlement to be indemnified'? Partner John Edmond and Lawyer Carl Xu report on a recent NSW Court of Appeal decision
- 05 August 2008
Focus: Insurance & ReinsurancePartner Louise Jenkins and Senior Associate Andrew Maher comment on a recent High Court decision in CGU Insurance Ltd v Porthouse, concerning the operation of a 'Known Circumstance' exclusion in a professional indemnity insurance policy. The decision highlights the broad application of 'Known Circumstance' exclusion clauses in claims-based liability insurance policies and reminds insureds of the importance of timely identification and notification of circumstances that may give rise to future claims
- 04 June 2008
Paper: Insurance & Reinsurance - Double insurance, Contribution and subrogation basic principlesPartner Oscar Shub and Senior Associate Jenny Priestley discuss Subrogation - basic principles and issues and Double Insurance and Contribution - basic principles and issues
- 20 May 2008
Focus: Insurance & ReinsuranceThe Full Court of the Federal Court has held that an applicant can join an insurer to legal action against the insured, even if the insured does not wish to seek indemnity from the insurer. Partner Jenny Thornton and Law Graduate Bryn Dodson look at the decision in Employers Reinsurance Corporation v Ashmere Cove Pty Ltd that has potentially wide-ranging consequences for insurers
- 18 April 2008
Focus: Insolvency / InsuranceThe House of Lords has acceded to a letter of request that the English court received from the Supreme Court of New South Wales and has ordered that assets held by the HIH group of companies in England should be remitted to Australia for distribution in accordance with Australian law. Partner John Morgan and Senior Associate Christopher Prestwich report
- 16 April 2008
Paper: Insurance & Reinsurance ForumPartner Andrea Martignoni and Senior Associate Philip Hopley provide an update on Civil liability
- 22 February 2008
Paper: Directors' and Officers' InsuranceThis paper brings together a number of recent developments in the directors' and officers' (D&O) insurance landscape. Recent significant decisions by Australian courts and pronouncements by Australian policy makers mean that it is critical for directors and officers, as well as those who indemnify them and those who advise them, to be up to date with these latest developments and to understand their wider implications for D&O insurance in the future
- 05 December 2007
Paper: How to tell if an insurance company is insolvent: what lessons we can learn from past insurance company collapsesAAR partner Michael Quinlan discusses a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) (the Act) insolvency and restructuring provisions
- 07 November 2007
Paper: Direct Offshore Foreign Insurers (DOFIs) - the legislation and exemptionsPresented by AAR partners John Morgan and Dean Carrigan and Vicki Wilkinson, Manager of Insurance Access & Pricing Unit - Financial System Division, Australian Treasury
- 25 October 2007
Focus: Thailand - InsuranceThe Thai authorities have turned their attention to the insurance industry in an ongoing campaign to reform and strengthen financial institutions. The recent suspension of a major motor vehicle insurer, Samphan, and adverse findings against a number of other insurers over capital adequacy concerns has given new impetus to reforms designed to strengthen the regulator and promote industry consolidation in readiness for more competition.
- 05 October 2007
Focus: Insurance & ReinsuranceOn 20 September 2007, the Commonwealth Treasury released a discussion paper containing its proposed exemptions from new legislation that affects all direct offshore foreign insurers (DOFIs) carrying on insurance business in Australia. The new legislation received Assent on 24 September 2007. Partners John Morgan and Dean Carrigan and Senior Associate Mark Lindfield explain the key proposals in the discussion paper
- 13 September 2007
Focus: Financial Services RegulationThe Federal Government has finally announced new regulations enabling financial services providers to incorporate by reference some of the information required to be included in retail disclosure documents. Consultant Derek Heath and Senior Associate Justine Woodford discuss the implications of this welcome development and the other measures introduced under these regulations
- 11 September 2007
Focus: Dispute ResolutionThe High Court of Australia has found that a roads authority did not owe a duty to young persons using a bridge to prevent them from jumping and being injured by the shallow water below. However, as Partner Michael Quinlan and Senior Associate Mark Lindfield explain, the split decision muddies the waters around the circumstances in which appellate courts should overturn factual findings by lower courts
- 07 September 2007
Paper: Aspects of Australian Insurance & Reinsurance LawThis paper is intended to provide a detailed introduction to two important areas that insurance professionals in the London market should be aware of when dealing with Australian insurance and reinsurance risks
- 05 September 2007
Focus: Insurance & ReinsuranceParties to a contract of insurance have a duty to one another to act in the utmost good faith, a duty that is imposed both by common law and by statute. It had, however, been recently suggested that the insurer owes a duty of good faith to third-party beneficiaries of the insurance. As Partner Michael Quinlan and Senior Associate Mark Lindfield explain, the New South Wales Court of Appeal has now put that issue to rest, at least in that state
- 04 September 2007
Focus: Insurance & ReinsurancePartner Andrea Martignoni, Lawyer Rebecca O'Brien and Law Graduate Anthony Lepere review the High Court's decision of 29 August 2007 in CGU Insurance Ltd v AMP Financial Planning Pty Ltd
- 27 August 2007
Paper: The State of the Market - Insolvency and restructuring issues impacting insurance companiesPartner Michael Quinlan and Senior Associate Justin Coss address a number of interesting issues impacting insurance and reinsurance companies relating to the Corporations Act 2001 (Cth) insolvency and restructuring provisions
- 30 July 2007
Focus: Insurance & ReinsuranceIf an insurer wrongly denies indemnity, can the insured recover damages for consequential loss in addition to its right to indemnity under the policy? Partner Malcolm Stephens and Senior Associate Justin Coss report on the recent decision of Brescia v QBE in which the Supreme Court of NSW awarded such damages in favour of the insured
- 18 July 2007
Focus: Insurance & ReinsurancePartner Oscar Shub and Senior Associate Philip Hopley consider the recent decision of the English Court of Appeal in HIH Casualty & General Insurance Ltd v JLT Risk Solutions Ltd 2007 EWCA Civ 710, and its likely impact on Australian insurance brokers and their clients
- 04 July 2007
Paper: Brokers: some practical issues and recent developmentsPartner Oscar Shub and Senior Associate Philip Hopley discuss insurance brokers ever-widening array of duties and obligations to clients and non-clients alike.
- 22 June 2007
Client Update: Insurance & ReinsuranceA new Bill just introduced into Federal Parliament will have a wide reaching and significant impact on direct offshore foreign insurers. Partners Dean Carrigan and John Morgan report
- 20 June 2007
Focus: Insurance & ReinsurancePartner Michael Quinlan and Lawyer Simone Collier consider the recent decision of the New South Wales Court of Appeal in The Owners - Strata Plan No 50530 v Walter Construction Group Ltd (in liquidation) & Ors 2007 NSW CA 124, which considered the application of section 6 of the Law Reform (Miscellaneous Provisions) Act 1986 (NSW) to claims-made policies
- 14 June 2007
Focus: Insurance & ReinsurancePartner Michael Quinlan and Senior Associate Robert Carey consider the implications for Australian reinsureds of the decision of the English High Court in WASA International Insurance Company Limited v Lexington Insurance Company 2007 EWHC 896 (Comm), which examines the relationship between ostensibly 'back to back' insurance and reinsurance contracts
- 21 May 2007
Focus: China - InsuranceIn another sign of the increased regulatory scrutiny of PRC insurance companies, China Insurance Regulatory Commission has issued several new regulations aimed at enhancing the corporate governance of PRC insurers. Partner Niranjan Arasaratnam and Senior Associate Troy Zhang provide an overview of the recent developments
