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Case review 01/10/2020
Holmes v S&B Concrete Ltd [20.08.20], considered (in the context of a noise induced hearing loss action) whether the limitation period was suspended when a company was wound up.
Case review 30/09/2020
On 28 August 2020, the Court of Appeal handed down judgment in an appeal (AssetCo Plc v Grant Thornton UK LLP [28.08.20]) concerning the assessment of quantum in professional negligence claims against auditors.
Article 30/09/2020
The insurance industry has seen a vast array of natural catastrophes over the last 20 years, however no catastrophe has generated such unquantifiable loss as the coronavirus pandemic. In this article, we look briefly at the role of the loss adjuster, the recent challenges they have faced in light of remote working, and the potential for an increase in future negligence claims.
Article 30/09/2020
Brokers’ E&O insurance premiums are dramatically on the rise, with some industry commentators citing three and even four-fold rate increases in recent months. Here, we consider the main drivers of this rapid market adjustment; specifically, whether these changes are principally a function of the coronavirus pandemic, or instead caused by pre-existing cyclical factors that have left premiums vulnerable to dramatic repricing.
Article 30/09/2020
We consider the latest significant court decisions impacting claims arising from professional liability and financial lines policies and products.
Case review 29/09/2020
The court was recently asked (RSK Environment Ltd v Hexagon Housing Association Ltd [30.07.20]) to determine, via the Part 8 procedure, whether the nature and scope of a consultant's duty of care in tort was limited by the terms of its appointment with a third party.
Article 29/09/2020
Unrest amongst leaseholders has gained traction since 2017, igniting a media campaign dubbed “the leasehold scandal”. A number of tentative claims by leaseholders against their conveyancing solicitors relate to an alleged failure to advise in respect of the impact of ground rent liabilities upon the value and future marketability of leasehold properties. We have seen these claims grow steadily both in volume and complexity in the last couple of years.
Case review 29/09/2020
The Appeal Panel of the NSW Civil and Administrative Tribunal (NCAT) has confirmed that the Tribunal does not have jurisdiction to hear a maritime claim, which includes a claim arising out of an agreement that relates to the carriage of goods by a ship.
Article 28/09/2020
Kelly Huddleston, credit hire team leader for Covéa, has been crowned winner of the Claims Apprentice 2020. Insurance Post caught up with Kelly and sponsor Kennedys’ own Alan Sugar, Suzanne Liversidge about the experience, the process and the challenges.
Article 23/09/2020
For insurers, the most impactful element of defamation law reforms is the clarification of the cap for damages for non-economic loss. In a timely judgment, Gibson DCJ has provided a useful analysis of two issues that remain unsettled, despite the reforms, in relation to damages in defamation claims.
