Insurance Focus - July 2009

Insurance Focus is our regular bulletin covering legal developments in insurance and reinsurance in Australia, New Zealand and beyond.

In this issue:

• Access to insurance documents - When will insurance documents be made available to parties other than the insured?
• Refresher on interpretation clauses - Shepherds Producers Co-operative Limited v Lamont & Ors [2009] NSWSC 294 looks at the interpretation of contractual provisions including releases.
• Asbestos litigation update - Recent Australian asbestos decisions.
• Negligence update: the architect, the gym owner and the real estate agent - Recent Australian negligence cases.
• Trespass in medical cases - No consent amounts to trespass: Ljubic v Armellin [2009] ACTSC 21.
• Product liability update: seeds, shrimps & cigarettes - Recent product liability cases: Selected Seeds Pty Ltd v QBEMM Pty Ltd [2009] QSC 70 and Thirlway v Parnell LP Gas Systems Pty Ltd [2009] WADC 36.
• Taking all reasonable precautions - When is an 'all reasonable precautions' clause a condition precedent to an insured's indemnity under a policy rather than a separate 'construction contract'?: Thiess Pty Ltd & Anor v Zurich Specialties London Ltd & Anor [2009] NSWCA 47.
• Duty of care & causation - The Queensland bench takes a robust approach to the issue of causation of loss.
• At the Courthouse.
• From the international desk.

Please note the below is an interactive PDF. After opening the PDF, please click on the article headings on the contents page to take you direct to an article. Click on 'HOME' on the top far right of the PDF to take you back to the contents page.