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.
- 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 accountin 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
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
- 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
- 03 August 2010
Focus: Arbitrability of insolvency related claimsIn a recent case concerning an application for a stay in favour of arbitration, the High Court of Singapore has decided that insolvency related avoidance claims are not arbitrable as they relate to a type of dispute that can only be resolved by the courts. Partner Matthew Skinner and Senior Associate Justin Simpkins report
- 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.
- 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
- 15 December 2009
Audio: UK insurance reforms releasedDraft 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. Senior Associate Philip Hopley speaks to Boardroom Radio about the details of the draft legislation
- 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
- 24 September 2009
Audio: Unfair terms regime for insurance contractsThe Senate Economics Committee has recently handed down its report on the Trade Practices Amendment (Australian Consumer Law) Bill 2009, which recommended strengthening consumer protections in insurance contracts. Partner John Morgan speaks to Boardroom Radio about the potential impact of the Committee's recommendations on insurers
- 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
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
- 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.
- 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
