The expanded scope of building practitioners’ duty of care

Boulus Constructions Pty Ltd v Warrumbungle Shire Council (No 2) [2022] NSWSC 1368 When the Design and Building Practitioners Act 2020 (NSW) (DBP Act) came into effect, section 37 imposed a new duty on building practitioners and persons who carry out construction work to exercise reasonable care to avoid economic loss to building owners, including […]

NZ Insurance Market Trends Update

Welcome to Wotton + Kearney’s NZ Insurance Market Trends Update, our biannual snapshot of legal trends and developments impacting claims managers, underwriters, brokers and corporates operating in the New Zealand market. In this edition, we look at the impact of recent matters in the areas of D&O claims, representative actions and EPL. We provide updates […]

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 […]

The value of statutory liability cover in an increasingly regulated world

In the post Royal Commission world, regulator activity in Australia has reached new levels. Increased public scrutiny and greater government funding has meant that regulators are encouraged to take significant amounts of investigation and enforcement action against offending businesses. While there has been a brief hiatus due to the impact of COVID-19, various regulators have […]

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 […]

EPL trends, developments & risks – seminar recording

As workplaces continually evolve, so too do new risks and potential claims. Unfair dismissal, bullying and sexual harassment claims, statutory liability obligations of directors and managers, new whistleblower laws, and the potential impacts of the National Inquiry into Sexual Harassment are just some of the emerging employment risks impacting insurers, brokers, underwriters and insureds in […]

Preying on the vulnerable – cyber claims predicted to rise due to COVID-19

Insurers are likely to receive an increase in cyber claims due to the impact of the coronavirus. Most businesses have had to accommodate remote working rapidly, leaving many with a range of cyber security exposures. There are already phishing scams using COVID-19 related messages to lure anxious individuals and the number of these is expected […]

A practical guide on managing EPL exposures caused by COVID-19 for insurers, insureds and brokers

The coronavirus (COVID-19) is having a significant and immediate impact on the entire workforce. Unfortunately, there are daily stories of mass redundancies, closures of businesses and stand down of workers. This guide provides practical advice for EPL insurers, insureds and brokers on how they can meet the insurance challenges created by the virus. W+K EPL […]

COVID-19 and D&O Liability

The Coronavirus Economic Response Package Omnibus Bill 2020 (CERPO Bill) and recent ASIC statements have put focus on management liability issues arising from the COVID-19 crisis. The CERPO Bill provides some temporary relief for directors as they navigate the uncharted territory caused by COVID-19, particularly in addressing insolvency risk. In this update, Cain Jackson and […]

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 […]