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Thinking| 13 Jun 2018
On 25 May 2018, Judge Levy handed down a decision in favour of the insurer, who was joined as a defendant to the proceeding under section 119 of the Motor Accidents Compensation Act 1999 (Act).
Thinking| 24 Jan 2017
The objective test for contributory negligence. What is reasonable to invest in the reasonable person?
Thinking| 08 Aug 2016
On 5 August 2016 the Supreme Court delivered judgment in the matter of NRMA Insurance v Asaner which provides further guidance to insurers and practitioners in relation to the application of s 62(1)(a) Motor Accidents Compensation Act 1999 (NSW) (Act) in the wake ...
Thinking| 03 Dec 2015
Introduction On 2 December 2015, the New South Wales Court of Appeal found that an insurer was not bound for all purposes by its section 81 notice admitting liability, in circumstances where it subsequently declined to indemnify the insured in respect of the ...