Category Archive: Professional Indemnity

Insurance Review May 2016

Welcome to Insurance Review May 2016, DLA Piper’s publication dedicated to the insurance industry. In this edition we report on developments across the insurance industry, including the impact of the AEC and other regulatory developments. We also report on the latest cases in many classes of business, including D&O, cyber, privacy, fintech, construction, medical indemnity, …

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New Federal Court Insurance List for Short Matters – encouraging a more nimble, creative approach to insurance litigation

The Federal Court of Australia established an Insurance List for short matters in December 2015 which will commence in Melbourne on 10 and 11 March 2016 before being rolled out in other cities. An information session was held by The Honourable Chief Justice Allsop on 10 March 2016 to explain the list. His Honour gave …

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DLA Piper Corporate Insurance Trends 2015

Over the last 12 months, the insurance industry has seen speculation with respect to litigation funding regulation, resolutions of large class actions and consolidation in the form of acquisitions in the industry. There has been significant activity in the industry. In our signature publication, Corporate Insurance Trends 2015 we have examined some of the trends …

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Proportionate liability now dead for financial planners?

The High Court has today significantly diminished (and arguably removed) the benefit of proportionate liability provisions in the Corporations Act and the ASIC Act in its judgment of Selig v Wealthsure Pty Ltd [2015] HCA 18.

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High Court to clarify proportionate liability – an update

As previously reported, special leave has been granted in the appeal of Selig & Anor v Wealthsure Pty Ltd & Ors, which presents an opportunity for the High Court to clarify the law in relation to proportionate liability.  The Appellants to that appeal have now filed their submissions in reply.  Whilst a copy of these …

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DLA Piper’s Insurance Review Febuary 2015

Welcome to DLA Piper’s Insurance Review February 2015 – an annual publication dedicated to the insurance industry. Please click here if you wish to view or download the publication. We hope you enjoy reading the 2015 issue and we welcome your feedback on our publication. Please feel free to send us your comments or suggestions.

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A novel question of duty – Philip Davison Sebry v Companies House and The Registrar of Companies

The Claimant, Philip Sebry, formerly Managing Director of Taylor & Sons Limited (‘Company’), brought a claim for damages for negligence and breach of statutory duty against Companies House and the Registrar of Companies (‘Defendants’). The case concerned an administrative error made by Companies House, who incorrectly registered the Company as being in liquidation on the Companies …

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Joinder of defendants in apportionable claims: a question of justice

A recent Western Australian Court of Appeal case demonstrates the circumstances in which a court will join a prospective defendant in an apportionable claim. In Hart v JGC Accounting & Financial Services Pty Ltd [2015] WASCA 22, Nikola Fudlovski, Rosemary Fudlovski, Fudlovski Investments Pty Ltd and Bluechip Enterprises Pty Ltd (collectively ‘the plaintiffs’) sued JGC …

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High Court to clarify proportionate liability – an update

As previously reported, special leave has been granted in the appeal of Selig & Anor v Wealthsure Pty Ltd & Ors, which presents an opportunity for the High Court to clarify the law in relation to proportionate liability. The respondents to that appeal have now filed their submissions. Whilst a copy of these submissions can be viewed …

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Insurance broker not responsible for setting sum insureds

The UK Queen’s Bench division has recently confirmed that an insurance broker is not responsible for setting sums insured under business interruption insurance. In Eurokey Recycling Ltd v Giles Insurance Brokers [2014] EWHC 2989 the Court considered a claim by a grossly underinsured client who alleged its insurance broker had negligently advised and failed to …

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