Antico v. Heath Fielding Australia Pty Ltd

Article Abstract:

The High Court of Australia ruled in Antico v. Heath Fielding Australia Pty. that section 54 of the Insurance Contracts Act 1984 applied where plaintiffs fail to seek the insurer's consent before incurring expenses. This decision eliminates the distinction between inaction and omission under the act, restoring section 54 as a remedial provision. The court, however, did not find that Antico was entitled to relief under section 54.

Directors' and officers' liability insurance, Consent (Law)

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Unity Insurance Brokers Pty. Ltd. v. Rocco Pezzano Pty. Ltd

Article Abstract:

The Australia High Court ruled in United Insurance Brokers Pty v. Rocco Pezzano Pty that the assured must meet causation and remoteness of damage requirements before damages for a broker's breach of contract can be ascertained. At issue was whether a settlement reached between the assured and broker was reasonable and how the assured's loss was to be measured for damages.

Interpretation and construction, Laws, regulations and rules, Insurance agents, Breach of contract

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