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Tortious duty of good faith: does it apply to insurers in Australia?
The Vytautas case: the facts
In Vytautas Lomsargis v National Mutual Life Association of Australasia Ltd
[2005] QSC 199 the Supreme Court of Queensland considered whether there was a tortious duty of good faith imposed upon insurers in Australia...
Online Published Date:
01 January 2006
Appeared in issue:
Vol 18 No 1 - 01 January 2006
Liability insurance: settlement of underlying claims by assured
The AMP Financial Planning case: the facts
In AMP Financial Planning Pty Ltd v CGU Insurance Ltd
[2005] FCAFC 185 the insured, AMP Financial Planning Pty Ltd (AMP), was a licensed securities dealer that authorised particular financial advisers to..
Online Published Date:
01 January 2006
Appeared in issue:
Vol 18 No 1 - 01 January 2006
Effect of Council Regulation 44/2001
English lawyers have now become used to the concept that it is no longer possible for the English courts to award an anti-suit injunction against a person who has commenced proceedings in some other EU court in breach of an exclusive jurisdiction..
Online Published Date:
01 January 2006
Appeared in issue:
Vol 18 No 1 - 01 January 2006
Incorporation of terms from the direct policy
Although there are some lingering doubts, it is now generally accepted that the full reinsurance clause – all terms and conditions as original, or similar wording – has the effect of incorporating the terms of the direct policy into the..
Online Published Date:
01 January 2006
Appeared in issue:
Vol 18 No 1 - 01 January 2006
The Australian Prudential Regulation Authority and Basel II
In the fourth article of their bi-annual feature on Australia, Andrea Martignoni and Paul Spackman of Allens Arthur Robinson comment on the Australian Prudential Regulatory Authority’s implementation of the Basel II capital adequacy reforms,..
Online Published Date:
01 January 2006
Appeared in issue:
Vol 18 No 1 - 01 January 2006