Recently published
Featured insight
Insurance policy exclusions for ‘flood’
Two Australian case authorities on the operation of an exclusion for ‘flood’ are the Queensland Supreme Court decisions in LMT Surgical Pty Ltd v Allianz Australia Insurance Ltd and Wiesac Pty Ltd v Insurance Australia Group Ltd.
The first of those cases concerned the words ‘water overflowing from the normal confines’ and the second ‘water escaping or released from the normal confines’.
The plaintiff was successful in the first-mentioned case but unsuccessful in the second, with the judge noting that there was only one word that was different in the flood exclusion in Wiesac compared to that considered in LMT Surgical.
In a later Queensland Supreme Court case, of Landel Pty Ltd v Insurance Australia Ltd, Dalton J was called upon to consider an exclusion for ‘flood’ which was in all respects identical to the exclusion under consideration in LMT Surgical.
Carter Newell acted for the insurer in the latter two cases, and all three authorities are considered by Partner Patrick Mead in this issue of Constructive Notes.
13 December 2024
- Expertise areas
For overseas investors and businesses considering doing business in Australia, asking the right questions is crucial to understanding the key and unique legal aspects that can impact commercial success.
With recent developments – including increased regulatory requirements, climate and sustainability reporting, corporate disclosures, and compliance obligations – Carter Newell’s ‘Doing Business in Australia Guide’ assists in highlighting these factors applicable across a wide range of industries.
1 March 2023
- Expertise areas
The Professional Liability Guide 2nd edition will again provide assistance to underwriters, claims managers, brokers, and their professional clients and advisers in evaluating the potential exposure to claims that fall under the purview of professional liability insurance.
1 December 2020
- Expertise areas
The 7th edition Workplace Advisory Gazette examines a number of cases of general application, including cases relating to dismissals arising from disparaging comments made about employers and clients, the classification of workers in the gig economy, and the recovery of damages paid by an employer as a result of the serious misconduct of an employee.
