The current boom in cyber insurance policies is at least partly due to new cyber privacy laws being enacted in March 2014. Andrew Moore, Jane O’Neill and Jack Geng investigate the new legal landscape in the March edition of Insurance … Read More

David Kearney and Adam Chylek have co-authored the Australian chapter of The International Comparative Legal Guide to: Insurance & Reinsurance 2014, which is published by Global Legal Group Ltd, London. To access the chapter, please click on the link below. … Read More

Welcome to the 2013 Wotton + Kearney “Insurance Year in Review” publication, addressing topical developments in 2013 across a broad range of commercial insurance products and in relation to insurance law generally. 2013 was another busy year for those of … Read More

The November 2013 edition of our “Construction Bulletin” includes commentary in relation to: Proportionate liability. The newly established Victorian Building Authority. Dispute resolution clauses. Duty of care.

In August 2012 the NSW Government commissioned Bruce Collins QC to conduct an Independent Inquiry into Construction Industry Insolvency in NSW. The final report of the inquiry was delivered to the NSW Government in November 2012 and released publicly for comment … Read More

The Financial Ombudsman Service (FOS) Terms of Reference specify the maximum financial remedies which may be awarded by FOS “per claim”.  Individuals whose losses exceed the financial caps often argue that their dispute involves multiple “claims” and is therefore subject to multiple limits.  … Read More

When a loss exceeds the sum insured the deduction of GST from claim payments can be a source of contention between insureds and insurers.  However, there is surprisingly little case law on the construction of GST provisions in property insurance … Read More

On 3 April 2013 the High Court handed down its decision in the Vella case (Hunt & Hunt v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10), providing some much needed guidance on the controversial issue of the proper application of the … Read More

The recent decision of the English High Court in Clark v In Focus Asset Management & Tax Solutions Ltd [2012] EWHC 3669 has opened the gates for complainants who have had their dispute favourably determined by the UK Financial Ombudsman … Read More

Welcome to the 2012 Wotton + Kearney “Insurance Year In Review” publication. We delayed the publication of this edition slightly this year to ensure it covered the 2012 year in its entirety. This has allowed us to include reference to some … Read More