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Articles by Guy Narburgh
Is business interruption loss caused by COVID-19 lockdowns covered by infectious disease extensions?
Princess Theatre Pty Ltd & Ors v Ansvar Insurance Limited [2024] VSC 363 In a recent judgment, the Supreme Court of Victoria (Justice Osborne) considered whether Melbournian theatre owners were covered for business interruption loss as a result of COVID‑19 lockdowns in 2020 and 2021 under an infectious disease extension contained in two industrial special risk policies. This is the first of two articles covering the judgment.
A tale of two insuring clauses: FKP Commercial Developments v Zurich
FKP Commercial Developments developed two residential apartment buildings in Rosebury in Sydney. FKP Constructions, a sister company, was the head contractor for the development. It engaged consultants and subcontractors to perform all the design and construction work, and the only work carried out by FKP Constructions was project management.
Australia Policyholder Insurance Highlights – 8th Edition | Herbert Smith Freehills | Global law firm
Insight Australia Article - By Our assessment of the key lessons for insurance policyholders based on last year’s top cases and market developments.
Australia Policyholder Insurance Highlights 2021
Australia: Australia Policyholder Insurance Highlights 2021 07 February 2022 by Mark Darwin , Guy Narburgh , Anne Hoffmann and Travis Gooding Herbert Smith Freehills To print this article, all you need is to be registered or login on Mondaq.com. Welcome to the seventh edition of Herbert Smith Freehills' Policyholder Insurance Highlights.
Australia Policyholder Insurance Highlights – 7th Edition | Herbert Smith Freehills | Global law firm
Read our assessment of the key lessons for insurance policyholders based on last year’s top cases and market developments. This unique publication focuses on business implications and learnings for insurance policyholders, including: COVID-19 has meant insurance has been front page news and top of mind for corporate Australia: interruption to Australian (and global) businesses as a result of COVID-19 has been widespread.
Australia Policyholder Insurance Highlights – Fifth Edition | Herbert Smith Freehills | Global law firm
Insight Australia Article - By Read our assessment of the key lessons for insurance policyholders based on last year’s top cases and market developments. This unique publication focuses on business implications and learnings for insurance policyholders, including: COVID-19 insurance claims continue to develop: a variety of claims for COVID-19 related business interruption are currently ongoing.
Update on Covid-19 Business Interruption Insurance Claims - Australian Test Cases | Lexology
In previous editions of Catalyst (here and here), we explained what was happening in the UK test case on business interruption insurance cover for financial losses associated with Covid-19 and the actions taken by authorities in response to Covid-19, which was largely resolved favourably to policyholders but is being appealed. This week we consider how the UK decision might impact the outcome of Australian policyholders’ claims and explain the 3 test cases being run in Australia.
Update on Covid-19 Business Interruption Insurance UK FCA Test Case: Declarations and Appeals | Lexology
Australia, United Kingdom
October 22 2020 Developments in the UK FCA test case for COVID-19 related business interruption could have implications for similar claims in Australia.
Insurance for COVID-19 losses
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Policyholder Insurance Highlights 2019
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
NTC Policy Paper sheds light on CAV accident injury insurance regulatory reform | Lexology
Australia
August 28 2019 The National Transport Commission’s (NTC) recently released a policy paper on motor accident injury insurance and automated vehicles and sets the scene for future regulatory reform to herald the introduction of connected and autonomous vehicles (CAVs) in Australia.
Australia Policyholder Insurance Highlights – Fourth Edition | Herbert Smith Freehills | Global law firm
Insight Australia Article Read our assessment of the key lessons for insurance policyholders from last year’s top cases. This unique publication focuses on business implications and learnings, including: Prevention is better than cure - know your Policy wording (or take advice on it) to ensure it is appropriate to your circumstances. Don’t give up on claims which, at first glance, look like they might be excluded or outside the Policy terms.
Australia Policyholder Insurance Highlights – 3rd Edition | Herbert Smith Freehills | Global law firm
Insight Australia Article Read our assessment of the key lessons for insurance policyholders from last year’s top cases. This unique publication focuses on business implications and learnings, including: Be sure not to give up prematurely on claims that might initially appear not to be covered by reason of an exclusion, breach of condition or non-disclosure. Avoid uncertainty and potential disputes by carefully reviewing your policy wording to ensure it is appropriate to your circumstances.
Take care when it comes to policy conditions
Australian Courts have previously made clear that there is a heavy burden of proof and a number of obstacles for an insurer to decline a claim on the basis that the policyholder failed to take precautions to prevent a loss. A recent decision of the District Court of Western Australia1 re-affirms this position in the context of an obligation to comply with legislation and Australian Standards, a common requirement of liability insurance policies.
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