Insights

As the very excited winner of the 2016 APIG Wotton + Kearney scholarship my trip to London was certainly one I had been eagerly looking forward to. Plus, any excuse to leave Melbourne in the middle of winter is always … Read More

Charles Simon (Partner) and Jacqueline Grace (Senior Associate) consider the NSW Supreme Court decision of Goode v Angland [2016] NSWSC 1014, which provides a ray of sunshine for insurers of professional sporting clubs seeking to rely on the dangerous recreational … Read More

Charles Simon (Partner) and Michael Milton (Special Counsel) consider the recent ACT Court of Appeal decision in Blick v Franklin [2016] ACTCA17, which provides a tale of caution for cyclists, liability underwriters and defendants preparing (or not preparing) expert evidence.

The anticipated NSW Court of Appeal decision of Barrie Toepfer Earthmoving and Land Management Pty Ltd v CGU Insurance Ltd [2016] NSWCA 67 highlights the current approach to insurance policy interpretation. Policies are read as commercial contracts and a businesslike … Read More

The elephant in the room in all shareholder class actions was whether shareholders had to establish their own reliance on the contravening conduct, or could merely rely on that conduct’s effect on the market, akin to the US concept of … Read More

We are excited to announce the latest edition of Wotton + Kearney’s Insurance Year in Review, a summary of legal developments and case learnings over the past 12 months relevant to the insurance industry. Our 9th edition comes to you in … Read More

The Victorian Full Federal Court has recently clarified the operation of a professional services exclusion within a D&O policy in Chubb Insurance Company of Australia Limited v Robinson [2016] FC AFC 17. This case demonstrates that a professional services exclusion … Read More

Two recent decisions of the Western Australia Court of Appeal (Allianz Australia Insurance Ltd v Inglis [2016] WASCA 25) and the NSW Federal Court (Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds [2016] FCA 1) show that section … Read More

The NSW Court of Appeal’s recent decision in Nightingale v Blacktown City Council [2015] NSWCA 423 has provided increased certainty of the level of “actual knowledge” of a risk that must be established in order to defeat a section 45 … Read More

Yesterday the High Court handed down its decision in CGU Insurance v Blakeley [2016] HCA 2, a case which considers a third party claimant’s right to join an insurer to Court proceedings against an insured for the purpose of challenging … Read More