Legacy, Sensitive and Complex Claims - Page 3 of 5

General Liability Trends Update: Towards 2022

2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]

By : Anja Vogel Dec 9, 2021 Comments Off

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General Liability Institutional Abuse Video Series 2021

https://vimeo.com/592583584/1bed767fa3 WelcomeJacqueline Grace Wotton Kearney has handled over 1000 historical abuse claims as either defence or coverage counsel, and with 45 lawyers now practising in this area across our four Australian offices, this is a category of claims in which we have developed considerable experience and expertise. Our video series is intended to provide a [...]

By : Anja Vogel Oct 26, 2021 Comments Off

Video

W+K Silicosis Claims Webinar – summary and recording

The number of silicosis claims in Australia is on the rise due to the increasing awareness of the impact of exposure to high concentrations of silica dust generated while working with artificial and engineered stone. Our national panel of W+K’s senior lawyers discuss the wave of silicosis claims, and what this means for Australian companies, […]

By : Anja Vogel Jun 7, 2021 Comments Off

Articles, Case Alerts

Coverage for historic sexual abuse in school case raises problems for insurers

In BB v Helena College [2021] WADC 42, the Western Australia District Court found that three different policies of insurance, held by an insured school, responded to historic acts of intentional sexual abuse by a school teacher. In this article, W+K’s Sean O’Connor and Patrick Thompson provide an in-depth analysis of the coverage issues addressed […]

By : Anja Vogel Jun 4, 2021 Comments Off

Articles, Case Alerts

NSW Child Abuse Bill opens door to revisit settled claims

Yesterday, the Civil Liability Amendment (Child Abuse) Bill 2021 was introduced in NSW. The Bill has two objectives: to enable courts to set aside certain agreements that settled claims for child abuse where it is just and reasonable to do so, and to ensure that Part 2A of the Act does not restrict awards of […]

By : Anja Vogel Mar 18, 2021 Comments Off

Articles

Aged care reform heralds heightened risk for insurers

The Royal Commission into Aged Care Quality and Safety is due to publish its final report on 26 February 2021. Its work, combined with the devastating impact of COVID-19, make it clear that significant change is on the way for the aged care sector. In this article, Chris Spain along with Cain Jackson and Charles […]

By : Anja Vogel Feb 22, 2021 Comments Off

Articles

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 of […]

By : Anja Vogel Feb 16, 2021 Comments Off

Articles, Thought Leadership

Emerging General Liability Trends Update

There have been a number of general liability trends strengthening or emerging across 2020. Construction risks remain a hot topic given the increased infrastructure activity across all states, coupled with the high levels of political, public and media attention on building defects and cladding issues. There is also growing interest in litigation funding activity focussing […]

By : Anja Vogel Dec 11, 2020 Comments Off

Articles, Case Alerts

Recent abuse cases offer further guidance

There have been three recent cases involving abuse matters that provide further guidance on how the courts are addressing some key liability, damages and limitation issues. These issues include: the need for specific evidence about the level of impact of limitation periods in considering applications to set aside settlements in institutional abuse matters the importance […]

By : Anja Vogel Sep 24, 2020 Comments Off

Articles

Institutional duty to prevent sexual assault in other places

The ACT Supreme Court has recognised that an institution can, in specific circumstances, owe a duty of care to take steps to protect the safety of intoxicated persons, including from the risk of criminal acts by a third party. In this case, a university college was found liable for the sexual assault of a resident […]

By : Anja Vogel Aug 11, 2020 Comments Off

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