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.
- 23 November 2011
Focus: Insurance issues arising from the Thai floodsIt seems inevitable that the floods currently affecting much of Thailand will give rise to a range of legal issues for both insurers, reinsurers and insureds. Drawing on our experiences following the recent floods in Queensland, Partner Matthew Skinner and Lawyers John Rainbird and Ainsley Reid consider some of the policy issues that can arise in these situations, including the definition of 'flood', underinsurance, and the importance of effective communication between insurers and policyholders
- 22 November 2011
Focus: Major changes to flood insurance proposedFlood cover may become mandatory in home building and home contents insurance policies, among other significant changes proposed in the Natural Disaster Insurance Review Panel's final report on its inquiry into flood insurance and related matters. Partners Dean Carrigan and John Morgan, Senior Associate Katherine Hayes and Lawyer Andrew Lazzaro report
- 10 October 2011
Focus: High Court untangles the Gordian knotA recent High Court decision is significant for all parties involved in arbitrations or whose contracts contain arbitration clauses, and for reinsurers whose contracts are subject to New South Wales law. Partner Michael Quinlan, Lawyer Mitch Riley and Paralegal Ashleigh Shand explain
- 03 October 2011
Focus: Detailed proposals announced for Hong Kong's new insurance regulatorDetailed proposals have been announced for Hong Kong's independent Insurance Authority, which will have comprehensive powers regarding insurers and insurance intermediaries. Partner Simon McConnell, Senior Associate Kieran Humphrey and Trainee Solicitor Alice Mok consider its key features and potential impact on the market.
- 29 September 2011
Focus: The Timbercorp class action cut downIn a landmark decision, the Victorian Supreme Court recently dismissed a class action by Timbercorp investors following the collapse of the Timbercorp Group in April 2009. Partner Irene Trethowan and Lawyers Kate Austin and Brenton Pollard look at the decision, which further clarifies the disclosure obligations of companies when issuing product disclosure statements for financial products and is likely to have implications for investors involved in other managed investment scheme class actions
- 21 September 2011
Focus: Draft model proportionate liability legislation to reform systemMultiple defendants will find it easier to attract proportionate liability to claims made against them under draft model legislation to reform Australia's proportionate liability laws. Partner Paul Nicols and Senior Associate Philip Hopley report on the proposals, which have been released for public consultation
- 15 September 2011
Focus: Enforcement of foreign arbitral awards in AustraliaThe Victorian Court of Appeal has clarified a number of important issues regarding the enforcement of foreign arbitral awards in Australia. Partner Peter O'Donahoo, Senior Associate Andrew Barraclough and Lawyer Tim Maxwell report
- 31 August 2011
Focus: High Court confirms insurer is not liable in contribution for HIH scheme payoutsDismissing an appeal against a decision of the Victorian Court of Appeal, the High Court has determined that the doctrine of equitable contribution should not be extended to allow contribution claims to be made against an insurer by the administrator of the federally funded HIH policyholder relief scheme. The High Court held that the administrator's obligations were not coordinate with an insurer's liability to pay a claim under an insurance policy it had issued in respect of the liability giving rise to a payment the scheme made. Partner Dean Carrigan, Senior Associate Andrew Byrne and Lawyer Alice Dillon report on the High Court's decision
- 10 August 2011
Focus: Fiduciary duties of superannuation fund trusteesThe New South Wales Court of Appeal has recently confirmed that the fiduciary duties owed by the trustee of a superannuation fund under section 52(2)(b) and (c) of the Superannuation Industry Supervision Act 1993 (Cth) do not materially extend beyond the general law fiduciary duty to act in the best interests of fund members. Partner John Morgan, Senior Associate Simon Lewis and Lawyer Patricia Abordo report on a case where a member of a superannuation fund alleged that the fund's trustee breached its fiduciary duties by entering into an insurance policy that allegedly provided less advantageous disability benefits to him than those under the fund's previous policy
- 27 July 2011
Focus: Hong Kong's new Arbitration OrdinanceThe new Arbitration Ordinance simplifies Hong Kong's arbitration law, unifying the different regimes for 'domestic' and 'international' arbitration. This should strengthen its status as a leading jurisdiction for international dispute resolution. Partner Simon McConnell and Senior Associate Kieran Humphrey discuss the key changes
- 13 July 2011
Focus: Fight for your right (to be a party) - limits on claims for contributionA recent decision of the Supreme Court of New South Wales highlights the importance of assessing the limits on rights of contribution when issuing insurance policies. Partner Dean Carrigan, Senior Associate Philip Hopley and Lawyer Patricia Abordo report
- 08 July 2011
Focus: Securency arrests and the UK Bribery ActThe recent arrests of former executives of Securency on foreign bribery charges on 1 July 2011, coinciding with the commencement of the tough new UK Bribery Act, have implications for Australian companies and their management. Partner Matthew Skinner and Senior Associate Tim Robinson report
- 06 July 2011
Focus: Senate reports on Australian Privacy PrinciplesThe Senate Finance and Public Administration Legislation Committee has released the first part of its report on its inquiry into the legislation giving effect to the new Australian Privacy Principles which, if implemented, may have significant implications for privacy compliance procedures. Partner Dean Carrigan, Special Counsel John Dieckmann, Senior Associate Nathan Shepherd and Lawyer Fiona MacDonald report
- 04 July 2011
Focus: Further support for shareholder access to D&O insurance policiesPublic companies, their boards and their insurers should be aware of a recent Federal Court decision that has again confirmed that aggrieved shareholders may use section 247A of the Corporations Act 2001 (Cth) to apply for access to a company's insurance policies to help them decide whether to pursue litigation against it. Partner Michael Quinlan, Senior Associate Philip Hopley and Lawyer Laura Johnston report
- 29 June 2011
Focus: 'Two-strikes' rule part of executive remuneration shake-upNew legislation introducing a 'two-strikes' rule and making substantial changes to procedures associated with executive remuneration, board limits and determination of proxy votes has come into force. Partner Robert Pick, Senior Associate Kate Towey and Lawyer Sean Cole look at the key issues in-house counsel need to be aware of when advising boards and senior management of the changes
- 29 June 2011
Focus: The Centro decision and the approval of financial statementsThis week's Federal Court decision in relation to ASIC's case against Centro's directors demonstrates how demanding a director's duties in approving financial statements are. In order to meet those demands, Boards may seek to change the ways in which financial information is presented to them and how they review it. Partners Matthew McLennan, John Morgan and Jeremy Low and Senior Associate Simon Lewis report
- 29 June 2011
Focus: Absolute state immunity prevents enforcement in Hong KongHong Kong's Court of Final Appeal recently held that no state may be sued in Hong Kong's courts unless the state waives its immunity, and that submitting to arbitration does not constitute a waiver. This will have a major impact on any business wanting to enforce a claim against a state's assets in Hong Kong. For the first time, the court also referred questions about the interpretation of Hong Kong's Basic Law to the standing committee of the National People's Congress in Beijing. Partner Simon McConnell, Special Counsel Nicola Nygh, and Law Graduate Edmund Robinson report on the court's decision
- 21 June 2011
Focus: Risky business - legal advice privilege protects investigator's reportThe Victorian Supreme Court recently considered whether legal advice privilege protected an investigator's report that had been requested by an insurer before retaining lawyers. Partner Dean Carrigan and Lawyer Rhiannon Eagles report
- 08 June 2011
Focus: When s54 can't helpA recent decision of the Queensland Court of Appeal raises questions about the scope of section 54 of the Insurance Contracts Act 1984. Partner Michael Quinlan and Law Graduate Janis Dunnicliff report
- 31 May 2011
Focus: Fraudulent misrepresentation: the doctor who took his own medicineThe Supreme Court of New South Wales recently allowed an insurer to avoid a policy for fraudulent misrepresentation. Partner Dean Carrigan and Law Graduate Ishwar Singh look at a case that is a useful guide to the operation of section 29 of the Insurance Contracts Act 1984 (Cth)
- 02 May 2011
Focus: Bad news for insurers - increased litigation riskThe NSW Court of Appeal has upheld a decision in which a plaintiff was granted leave to join the defendant's insurer as an additional party to proceedings. This is potentially beneficial for plaintiffs and problematic for insurers. Partner Michael Quinlan and Lawyer Andrew Lazzaro report
- 20 April 2011
Focus: Just answer the question - insureds fail to disclose at their perilThe Full Court of the Federal Court has upheld a decision in which an insurer's liability to indemnify was reduced to nil on the basis of non-disclosure and misrepresentation by its insured. Partner Michael Quinlan and Lawyer Laura Johnston report.
- 08 April 2011
Focus: Broking advice by the dashboard lightA recent decision of the New South Wales Supreme Court has highlighted the pitfalls for insurance brokers who give unqualified advice on the legal effect of policy provisions. Partner John Edmond and Senior Associate Philip Hopley report
- 05 April 2011
Focus: UK Supreme Court abolishes expert immunityA landmark decision recently handed down by the UK Supreme Court has found that there was no justification to continue to give expert witnesses immunity from being sued for negligence in relation to the evidence they give in court or the views that they express in anticipation of court proceedings. The court did not accept that potential liability would result in reluctance on the part of experts to accept instructions, nor would it prevent them from exercising their overriding duty to the court and acting with diligence and integrity. Partner Michael Quinlan Senior Associate Joanne Howie report
- 16 March 2011
Focus: Insured's entitlement to reinsurance recoveries of HIH entitiesMembers of the former James Hardie Group insured by HIH have established their entitlement to payment of reinsurance recoveries held by the liquidators of HIH. Partner Dean Carrigan, Lawyer Larissa Chu and Law Graduate Alexander Edwards report
- 09 March 2011
Focus: Government response to natural disaster relief and insurance arrangementsIn recent days the Federal Government has announced a number of initiatives in response to the natural disasters experienced early this year such as the Queensland floods and Cyclone Yasi. Partner Dean Carrigan, Senior Associate Amanda Taylor and Lawyer Hashini Panditharatne report
- 02 March 2011
Focus: Longevity risk managementWith a growing number of Australians expected to live beyond the age of 90, many will enjoy a longer retirement than they ever imagined - but at what cost? Partner Dean Carrigan and Senior Associate Simon Lewis look at the emerging market for longevity risk management and highlight some recent developments
- 30 November 2010
Focus: New rules on utilisation of insurance fundsThe China Insurance Regulatory Commission has recently released new rules governing the utilisation of insurance funds and given further guidance on insurance companies' investment activities. Head of Corporate, North Asia, David Wenger, Senior Associate Wayne Wang and Consultant Crystal Zhang report
- 15 November 2010
Focus: High Court clarifies seeds of doubt on exclusion clausesThe High Court of Australia has recently clarified that while it will give regard to the language of an exclusion clause, it must also read the clause in light of the contract of insurance as a whole and give due weight to the context in which it appears.Senior Associate Sarah Bryden and Lawyer Greg Stirling report
- 11 November 2010
Focus: Green light for green-fingered brokersThe NSW Supreme Court recently enforced a restraint deed prohibiting a former employee of an insurance broker from soliciting clients. Partner John Edmond and Law Graduate Tom Levi report on the Court of Appeal judgment upholding the decision
- 03 November 2010
Client Update: General insurance sales by telephoneASIC has released a consultation paper which considers whether retail clients can be given a quote for general insurance products over the phone before being given a Product Disclosure Statement. If allowed, this will facilitate the sales of general insurance products by telephone. Partner Dean Carrigan, Senior Associate Amanda Taylor, and Law Graduate Alexander Edwards explain
- 26 October 2010
Focus: UK court adds to mesothelioma victims' and insurers' uncertaintyThe UK Court of Appeal has added to the uncertainty surrounding employers' liability insurance for long-term illnesses, recently holding that, while mesothelioma is 'contracted' at the time of exposure to asbestos fibres, no illness is 'sustained' until a tumour develops many years later. This controversial decision is now the subject of a Supreme Court appeal. Partner John Morgan and Law Graduate Laura Johnston report
- 22 October 2010
Focus: Uncertainty around contractual liability exclusions highlightedA recent English insurance case highlights the uncertainties commonly associated with interpreting and applying assumed contractual liability exclusions. Partner Dean Carrigan and Lawyer Naomi Sadler report
- 06 October 2010
Focus: Can silence be misleading?The issue of non-disclosure (or silence) as constituting misleading and deceptive conduct under section 52 of the Trade Practices Act was the focus of a recent High Court decision. Partner Louise Jenkins and Law Graduate Sue Zhang look at this decision, which highlights the importance of the factual context underlying a section 52 claim
- 16 September 2010
Client Update: Changes to insurer's asset maintenance requirementsThe Monetary Authority of Singapore is seeking comment on proposed legislative amendments that would allow it to impose asset maintenance requirements on any insurer (whether a branch or a locally incorporated entity) without any precondition. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 15 September 2010
Focus: Effective exercise and discharge of an insurer's payment obligationsA recent Queensland Supreme Court judgment is a reminder that insurers must decisively elect and communicate a decision as to which basis of settlement it has chosen to apply in circumstances where it has several options open to it when responding to a claim. Partner Dean Carrigan and Law Graduate Alexander Edwards report
- 02 September 2010
Focus: Extrinsic evidence and interpreting 'gap' insurance policiesA recent NSW Court of Appeal decision helps clarify the circumstances when extrinsic facts may be taken into account in interpreting written contracts and is a reminder of the precision required when drafting insurance coverage clauses. Partner Dean Carrigan and Lawyer Rhiannon Eagles look at the decision
- 30 August 2010
Client Update: Ideas sought for effective use of social media in civil litigationA consultation paper seeking suggestions about how social media can be used effectively in civil litigation has been released by the Supreme Court of Singapore. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 19 August 2010
Focus: NSW Court of Appeal confirms third parties' direct recourse to section 54The New South Wales Court of Appeal has confirmed that third parties who seek to bring direct claims against insurers under the NSW Law Reform (Miscellaneous Provisions) Act 1946 are able to benefit from the remedial provisions under section 54 of the Insurance Contracts Act 1984 (Cth). Partner John Edmond, Senior Associate Philip Hopley and Lawyer Isaac Gibbs report
- 16 August 2010
Focus: Restraining former employees from soliciting clientsA recent case in the New South Wales Supreme Court provides guidance to insurance brokers when restraining former employees from soliciting clients. Partner John Edmond and Lawyer Andrew Stirling report
- 11 August 2010
Client Update: Consultation paper on group insurance policies releasedThe Monetary Authority of Singapore has released a consultation paper inviting comment on the proposed introduction of legislative safeguards aimed at protecting insureds under a group policy by minimising the opportunities for fraud on the part of the policy owner. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 11 August 2010
Focus: High Court rules that unenforceable liabilities can be indemnifiable lossesThe High Court of Australia has rejected an insurer's argument that, if a liability of an insured cannot be enforced, that insured has suffered no indemnifiable 'loss'. As Partner Malcolm Stephens and Law Graduate Laura Johnston explain, the court distinguished between the existence of a liability and the ability to enforce that liability
- 03 August 2010
Focus: New Insurance Regulator proposed for Hong KongThe Hong Kong Government has recently proposed establishing an independent Insurance Authority to regulate the insurance market, which would be entrusted with comprehensive powers regarding insurers and insurance intermediaries. Partners Simon McConnell and Mun Yeow and Lawyer Kieran Humphrey consider its key features and potential impact on the market
- 30 July 2010
Focus: HK Companies Ordinance Rewrite - impact on directors and shareholdersThe proposed draft Companies Bill will reform the Hong Kong Companies Ordinance in a number of significant ways. Partners Simon McConnell and Mun Yeow and Lawyer Kieran Humphrey look at the impact of the changes on both the directors and shareholders of Hong Kong companies
- 13 July 2010
Focus: Forum shopping not a numbers gameThe Singapore Court of Appeal has decided that on the question of whether a particular jurisdiction's court is the appropriate forum to hear a dispute, the answer should be based on the weight given to each connecting factor pointing to or away from it, rather than on the number of each. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 16 June 2010
Focus: APRA looks to update capital standards and group prudential supervisionThe Australian Prudential Regulation Authority recently released a discussion paper on updating capital standards for general insurers and life insurers. This followed another on proposals to extend the current prudential supervision framework to Level 3 conglomerate groups to protect individual entities from contagion risks associated with conglomerate group membership. These reflect two of the items on APRA's substantial policy agenda for the next few years. Partner Dean Carrigan, Senior Associate Claire Machin and Lawyer Andrew Lazzaro report
- 15 June 2010
Client Update: Insurers to cease funding the HIH collapseThe NSW Government will abolish the insurance protection tax from 1 July 2011. The tax will still be payable in respect of premiums received by an insurer up to that date. However, after 1 July 2011, and once all liabilities are met, any remaining money will be refunded to insurers on a pro rata basis. Partner Adrian Chek and Lawyer Isaac Gibbs report
- 01 April 2010
Focus: Third Parties (Rights against Insurers) Act 2010Legislation was enacted in the United Kingdom recently that allows a third party to bring a claim directly against an insurer where the insured is insolvent or has been dissolved.Partners Oscar Shub and Dean Carrigan and Law Graduate Tom Levi report.
- 23 March 2010
Focus: Insurance Contracts Amendment Bill 2010On 18 March 2010 we reported that the Federal Government had introduced the Insurance Contracts Amendment Bill 2010 to Parliament. In addition to enhanced consumer protection, (which we discussed in our recent Client Update) the legislation sets out a number of significant changes to the Insurance Contracts Act 1984 (Cth) that are intended to correct perceived deficiencies and ambiguities in the Act. Partner Dean Carrigan, Senior Associate Abby Gill and Lawyer Jaime McKenzie report on the key reforms in the Bill
- 18 March 2010
Client Update: Unfair terms in insurance contracts options paper releasedThe Federal Government has released an options paper inviting comments to assist it in addressing the Senate Economics and Legislation Committee's recommendation on the Trade Practices Amendment (Australian Consumer Law) Bill concerning existing laws' ability to protect consumers from unfair terms in insurance contracts. The Insurance Contracts Amendment Bill 2010, which introduces significant amendments intended to enhance consumer protection, has also been introduced into Parliament. Partner Dean Carrigan and Senior Associate Abby Gill report.
