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Category Archives: featured

Interpretation of insurance exclusion clauses

The applicable principles are as follows: There was also no issue about the principles which govern the resolution of what lies in issue as to the proper construction of the endorsement to this insurance policy. Where an insurance company prepares the document, it is bound to make its meaning as clear as possible: Craine v […]

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Novel duty of care

Ibrahimi v Commonwealth of Australia

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Barrister blogs

See for a list of the barrister blogs http://justinian.com.au/bloggers

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How to construe an insurance policy

From: Muriniti; Newell v Lawcover Insurance Pty Ltd (No 2) [2018] NSWCA 311 beginning at [39] Legal principles The principles governing the construction of insurance policies are well established and were not in dispute. In McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579; [2000] HCA 65, Gleeson CJ stated, at [22]: “A policy of insurance, even […]

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