June 2016
 

Landmark case heralds doctrine of utmost good faith

This year is the 250th anniversary of a landmark insurance law case that laid the groundwork for the doctrine of utmost good faith that has been the cornerstone for our industry.
The cover story in the June issue of Resolve outlines the details of Carter v Boehm and Lord Mansfield’s judgement that still rings true today.

National Conference Adelaide

Preparations are advancing well for the 2016 National Conference at the Adelaide Oval on 14–16 October. This year’s theme is “Game Changers” and the organising committee is working hard to finalise the program and secure a selection of high-quality speakers from Australia and overseas. Please mark the dates in your diaries. To register your interest, go to www.aila.com.au.

Ron Shorter Awards

AILA is excited to announce judging panels for each state and extremely grateful to all the judges who have agreed to give their precious time and generous support to the competition.

The panels are:

Victoria: Justice John Middleton, Federal Court of Australia; Alison Grice, National Legal & Claims Manager, CGU Professional Risks, IAG; and Giselle Walther, Managing Director, Growth Strategies, Aon Risk Solutions.

Queensland: Tony Shaw, Director, Marsh & McLennan; Michael Gear, Senior Claims Specialist, Casualty, Liberty International Underwriters; and Justice Anthe Philippides, Queensland Court of Appeal.

New South Wales: Justice Cliff Hoeben, NSW Supreme Court; Robert Kelly, Managing Director and CEO, Steadfast Group; and Noel Condon, CEO, AIG.

To find out more about the finalists and awards CLICK HERE

Steadfast Conference

AILA exhibited again at the Steadfast Convention in Brisbane on 17–19 April and we were thrilled with the positive reception received from delegates and their interest in AILA and our value proposition. I would like to thank members of the Qld committee who gave up their time to assist me on the stand during peak times.
It was wonderful to have the opportunity to meet them and have them help spread the good news about our events and seminars. The next Steadfast conference is in Sydney in 2017.

NSW Government to revise Law Reform Act 1946

The NSW Government has decided to amend section 6 of the Law Reform (Miscellaneous Provisions) Act 1946.
The decision reflects the NSW Appeal Court’s 2013 comment in Chubb v Moore that “s6 should be repealed altogether or redrafted in an intelligible form to achieve the objects for which it was enacted”.
The Appeal Court judges said s6’s “somewhat enigmatic provisions” meant an “amount of any liability to pay damages or compensation, of a person who has entered into a contract of insurance by which that person is indemnified against such a liability, is, on the happening of the event that gives rise to that liability, to be a charge on all insurance moneys that may become payable [for] that liability under that contract of insurance”.
They said the intent of s6 was to “address a perceived unfairness that could arise where a person is insured against a liability, that liability arises, the insured obtains a sum from its insurer and then the insured disappears or fritters away the sum or enters into a collusive arrangement with the insurer”.
The law as it stands created uncertainty for directors and officers who want to access D&O policy funds for legal defences. Hopefully the revision will also avoid more litigation as it has been highly contested in Australia and in New Zealand where the law contains a similar provision.

Swimmer loses last bid for damages

A woman seriously and permanently disabled in a 2008 pool diving incident has lost her final bid for damages.
The initial court case was a feature article in the March 2015 issue of Resolve and my column in the December 2015 issue mentioned that Emilie Kate Miller’s NSW Appeal Court action was unsuccessful.
The High Court has refused Ms Miller special leave to appeal against a NSW Appeal Court decision clearing pool owner Lithgow City Council and Kinross Wolaroi School of negligence and liability.
Ms Miller became a tetraplegic after she hit the bottom of the council’s pool during a training session when she was 12. On November 28, 2014, the NSW Supreme Court awarded damages against her school but found she failed to prove the council was negligent. On October 15, 2015, the NSW Appeal Court overturned the award against the school and upheld the decision to clear the council.