Paper: Insurance & Reinsurance - Civil liability update
In brief: Partner Andrea Martignoni and Senior Associate Philip Hopley discuss recent civil liability updates.
Presented in Sydney on 16 April 2008 at an Insurance & Reinsurance Forum
Proportionate liability is relevant where one or more wrongdoers contribute to a plaintiff's loss. Traditionally, each wrongdoer is jointly and severally liable for the whole amount of the plaintiff's loss. Under joint and several liability, the plaintiff may elect to sue or enforce a judgment against any one or a number of wrongdoers. Under proportionate liability, the liability of each wrongdoer is limited having regard to an assessment of the extent of its responsibility for the plaintiff's loss. The plaintiff will only be able to recover the whole amount of its loss if it sues all concurrent wrongdoers. The plaintiff bears the risk of any concurrent wrongdoer being insolvent or absconding.
For more, download the presentation (as an adobe acrobat pdf – 63KB)
For further information, please contact:
- Andrea MartignoniPartner,
Sydney
Ph: +61 2 9230 4485
Andrea.Martignoni@aar.com.au
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