Tag: insurance

Did you know: Illegality does not always equal liability. Even though an individual may be engaging in illegal behaviour, if another party acts negligently and

Welcome to William Roberts’ Insurance bulletins, where we share our thoughts on relevant or interesting legal issues. Please click on the relevant article to read

Did you know: where an insured refuses to (or does not) provide the insurer with consent to commence proceedings in the insured’s name, the insurer

Life Insurance policies routinely exclude pre-existing conditions from coverage, but   s 47 of the Insurance  Contracts Act  1984  ( Cth)  provides that insurers cannot rely

What happens if you, as an insurer, have not yet concluded whether or not to indemnify an insured, and a third party commences Court proceedings

Did you know? When an at-fault third party cannot be found or is dead, or a third party company is deregistered, a cause of action

Did you know – The issue of “betterment” is often raised in tort and contract claims for replacement or repair costs. The theory behind betterment

Did you know: When either the insurer or the insured commences proceedings in a recovery action that involves subrogation, they are obligated to protect the

Did you know: You can (and should) oppose hire car or loss of income claims where the damaged third party vehicle was (i) unroadworthy, or

In a recent media release by the Victorian Automotive Chamber of Commerce on 29 February 2024, the Suncorp Group was criticised for making customers ‘wait

Did you know: Subrogated recovery against a third party isn’t your only potential recovery path. There may be another insurance policy that covers your insured

The Appeal Taleb v Rijal [2022] VSC 259 (Taleb) concerned an appeal against the orders made by Magistrate Goldberg, pursuant to section 109 of the Magistrates’ Court

This recent judgment of the NSW Court of Appeal provides a useful reminder of the jurisdiction of state courts and the availability to invoke federal

The Appeal Yehia v Williams [2022] VSC 197 (Yehia) concerned an appeal against the orders made by Magistrate Foster, pursuant to section 109 of the Magistrates’ Court Act 1989 (Vic).

Ten small businesses were the subject of proceedings related to business interruption flowing from the various Government mandates relating to COVID-19 disease control. The Insured’s