W+K APIG Scholarship – Submissions now open

Submissions are now open for both the Australian and New Zealand 2019 W+K APIG Scholarships. Established to support the career development of insurance professionals practising in PI and financial lines insurance in each country, the recipients will benefit from an outstanding sponsorship package and educational experience as recognition for their contribution to the industry. Full […]

Appeal decision clarifies when insolvency exclusion applies

The Full Federal Court recently upheld a primary judgment rejecting the application of an insolvency exclusion in a claim brought against directors of a company in voluntary administration. The judgment in AIG Australia Limited v Kaboko Mining Limited [2019] FCAFC 96 provides useful guidance on the scope of the application of insolvency exclusions. Wotton Kearney’s […]

Parametrics: the next big thing?

Parametric insurance is becoming increasingly common as it give insurers a way to resolve risk-transfer concerns. The success of these products depends on the accuracy and objective nature of the parameters set and a deep understanding of the potential exposures. Nick Lux, Aisha Lala and Ben Hine consider the rising popularity of this product in […]

Lacrosse fire litigation: builder and consultants found liable for combustible cladding

On 28 February 2019, Australia’s first decision regarding the roles and responsibilities of builders and other building consultants regarding the use of combustible cladding was handed down. The Victorian Civil and Administrative Tribunal upheld the Owners Corporation and lot owners’ claims against the builder following a fire in November 2014 that involved combustible ACP cladding […]

NZ High Court decision could test dishonesty exclusions

Mainzeal Property v. Yan & Ors This week, the New Zealand High Court awarded $36m in damages against directors of Mainzeal, once one of New Zealand’s leading property and construction companies, including former Prime Minister Dame Jenny Shipley. The damages are the highest awarded for reckless trading in New Zealand’s history. The case raises a […]

When will an insolvency exclusion apply?

Kaboko Mining Limited v Van Heerden (No 3) [2018] FCA 2055 When an insurance policy includes a clause stating that cover will not extend to any loss based on the insolvency of a company, you need to be careful about identifying what actually caused the loss. In a recent case, the Federal Court rejected the […]

Specialist healthcare and medico-legal team joins Wotton Kearney in New Zealand

Wotton Kearney is delighted to announce that a substantial new healthcare and medico-legal team, including three partners, joined its Australasian healthcare practice on 1 January 2019 based in Auckland and Wellington. Partners Sean O’Sullivan, Aimee Credin and Adam Holloway, Senior Associates Murray Grant and Victoria Waalkens, and Solicitor Rebecca Daley have joined Wotton Kearney from […]

Insurance for WHS fines – will they soon be prohibited?

Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and directors are able to insure against the risk of fines for breaches of WHS laws, however […]

International D&O Update

There have been some interesting global developments that are changing the landscape for D&O insurers. In this first edition of our International D&O Update, we have joined with our Legalign Global alliance partners to bring a summary of landmark cases and regulatory developments that will impact insurers both here in Australia and across the globe. […]

Heidi Nash-Smith finalist for 2018 Pro Bono Lawyer of the Year

The Lawyers Weekly Women in Law Awards seeks to set a new benchmark for recognising female legal professionals with passion for the law as well as dedication to personal advancement. Last week, the 2018 short list was announced across all categories and we are delighted to advise Heidi Nash-Smith has been nominated as a finalist […]