Legacy, Sensitive and Complex Claims - Page 2 of 3

Articles, Case Alerts

Coverage for historic sexual abuse in school case raises problems for insurers

In BB v Helena College [2021] WADC 42, the Western Australia District Court found that three different policies of insurance, held by an insured school, responded to historic acts of intentional sexual abuse by a school teacher. In this article, W+K’s Sean O’Connor and Patrick Thompson provide an in-depth analysis of the coverage issues addressed […]

By : Sina Sangsari Jun 4, 2021 Comments Off

Articles, Case Alerts

NSW Child Abuse Bill opens door to revisit settled claims

Yesterday, the Civil Liability Amendment (Child Abuse) Bill 2021 was introduced in NSW. The Bill has two objectives: to enable courts to set aside certain agreements that settled claims for child abuse where it is just and reasonable to do so, and to ensure that Part 2A of the Act does not restrict awards of […]

By : Sina Sangsari Mar 18, 2021 Comments Off

Articles

Aged care reform heralds heightened risk for insurers

The Royal Commission into Aged Care Quality and Safety is due to publish its final report on 26 February 2021. Its work, combined with the devastating impact of COVID-19, make it clear that significant change is on the way for the aged care sector. In this article, Chris Spain along with Cain Jackson and Charles […]

By : Sina Sangsari Feb 22, 2021 Comments Off

Articles

2021 Insurance Predictions Report

Wotton + Kearney is pleased to provide our 2021 Insurance Predictions Report, looking at the major trends and issues we expect will remain in the spotlight for the insurance industry in our region this year. It’s no surprise that this report addresses some of the horizon issues that we expect to face in the wake […]

By : Johnny Spiller Feb 16, 2021 Comments Off

Articles, Thought Leadership

Emerging General Liability Trends Update

There have been a number of general liability trends strengthening or emerging across 2020. Construction risks remain a hot topic given the increased infrastructure activity across all states, coupled with the high levels of political, public and media attention on building defects and cladding issues. There is also growing interest in litigation funding activity focussing […]

By : Sina Sangsari Dec 11, 2020 Comments Off

Articles, Case Alerts

Recent abuse cases offer further guidance

There have been three recent cases involving abuse matters that provide further guidance on how the courts are addressing some key liability, damages and limitation issues. These issues include: the need for specific evidence about the level of impact of limitation periods in considering applications to set aside settlements in institutional abuse matters the importance […]

By : Sina Sangsari Sep 24, 2020 Comments Off

Articles

Institutional duty to prevent sexual assault in other places

The ACT Supreme Court has recognised that an institution can, in specific circumstances, owe a duty of care to take steps to protect the safety of intoxicated persons, including from the risk of criminal acts by a third party. In this case, a university college was found liable for the sexual assault of a resident […]

By : Sina Sangsari Aug 11, 2020 Comments Off

Articles, Case Alerts, Thought Leadership, W+K News

COVID-19 Resource Centre

Wotton + Kearney is committed to keeping our clients informed of the insurance and broader business implications of the coronavirus outbreak. With senior insurance law experts across major policy types and market sectors, we are well placed to provide advice and tailored support in product lines and claims areas we specialise in. On this page […]

By : Sina Sangsari Jun 1, 2020 Comments Off

Articles

COVID-19: Implications for insurers – A Legalign Global Report

The significant impact of the coronavirus pandemic is being felt worldwide. For the insurance sector, the exposures created by the coronavirus are significant as an international event of this size and complexity carries a range of insurance risks, including first party and supply chain business interruption, event cancellation, travel and liability claims. Legalign Global’s alliance […]

By : Johnny Spiller Mar 20, 2020 Comments Off

Articles, Case Alerts

Supreme Court of Victoria’s historical child sexual abuse decision confirms damages in one case are not binding on another

The Supreme Court of Victoria has handed down its judgment in the matter of Waks v Cyprys & Ors [2020] VSC 44, which involved an assessment of common law damages regarding a claim for historical child sexual abuse. The Waks decision highlights that awards for general damages in Victorian matters continue to turn on their […]

By : Johnny Spiller Mar 3, 2020 Comments Off

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