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Insurance & Reinsurance
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.
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The 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 |
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Can 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 |
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Partner 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 |
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Partner Oscar Shub and Senior Associate Jenny Priestley discuss Subrogation - basic principles and issues and Double Insurance and Contribution - basic principles and issues |
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The 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 |
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The 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 |
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Partner Andrea Martignoni and Senior Associate Philip Hopley provide an update on Civil liability |
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This 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 |
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AAR 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 |
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Presented by AAR partners John Morgan and Dean Carrigan and Vicki Wilkinson, Manager of Insurance Access & Pricing Unit - Financial System Division, Australian Treasury |
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The 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. |
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On 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 |
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The 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 |
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The 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 |
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This 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 |
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Parties 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 |
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Partner 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 |
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Partner 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 |
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If 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 |
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Partner 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 |
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Partner Oscar Shub and Senior Associate Philip Hopley discuss insurance brokers ever-widening array of duties and obligations to clients and non-clients alike. |
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A 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 |
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Partner 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 |
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Partner 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 |
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In 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 |
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On 3 May 2007, the Federal Minister for Revenue and Assistant Treasurer announced long-awaited reforms to insurance business conducted in Australia by direct offshore foreign insurers and discretionary mutual funds. Partners Dean Carrigan and John Morgan, and Senior Associate Mark Lindfield, review the proposals and outline some of the most significant features, particularly for holders of Australian financial services licences |
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Partner Michael Quinlan and Senior Associate Christopher Prestwich discuss a recent Federal Court decision on a proposed scheme of arrangement that sought to transfer liability for future asbestos-related claims from one group company to another, along with the benefit of associated insurance policies, enabling the original company to be deregistered |
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Partner Carolyn Oddie and Senior Associate Emma Marsh discuss trade practices issues relating to the insurance industry |
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AAR partner Michael Quinlan looks at how the Insurance Act (NSW) applies to reinsurance contracts |
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Allens Arthur Robinson Partner Dean Carrigan presented the following paper at the 'Proactive strategies for achieving risk leadership in enterprise-wide capital allocation' conference held in Sydney on 14-15 Sydney 2007 |
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The Basel II capital adequacy reforms, due to be implemented in Australia in January 2008, introduce the possibility of certain types of insurance products having a role as capital reduction tools under the applicable Australian regime. Partner Dean Carrigan reviews some of the challenges this will create for authorised deposit-taking institutions |
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As China's burgeoning insurance sector looks set to expand further, a raft of new regulations aim to open investment channels for insurance companies that should increase their competitiveness, as well as introduce new measures to enhance risk management. Partner Niranjan Arasaratnam and Senior Associates Troy Zhang and Julian Donnan look at the recent developments |
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On 12 February 2007, the Federal Government released the long-awaited exposure draft legislation and explanatory materials for public comment. The reform package implements most of the recommendations of the review of the Insurance Contracts Act 1984. Partner Dean Carrigan and Senior Associate Mark Lindfield summarise each part of the reform package |
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