A judge considering bids to de-class COVID-19 business interruption class actions has said group members can sign up for the representative proceedings but later decide to make claims directly with their insurers.
A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding.
Japanese oil company Inpex has lost its bid for a split trial in a dispute with insurers AIG Australia and Mitsui Sumitomo over coverage for litigation related to defects at the $45 billion Ichthys liquified natural gas project in the Northern Territory.
An appeals court has upheld a finding that an unsuccessful class action over the Carwoola bushfire was not entitled to recovery from the insurers of the plumbing company that sparked the blaze.
Insurers will file de-classing applications in four class actions on behalf of small businesses seeking coverage under business interruption policies for losses flowing from COVID-19 restrictions after their test cases largely failed.
Insurers are misleading policyholders about class actions which seek compensation for those denied business interruption coverage for COVID-related shutdowns, a court has heard.
Insurance giant Lloyd’s has rejected what it calls an “incomprehensible” class action pleading by Australian businesses that argue its business interruption policies should have indemnified them for losses stemming from COVID-19 lockdowns.
Insurers Lloyds Australia and QBE want class actions by policyholders who were denied business interruption coverage for COVID-related shutdowns stayed until a related test case in the Federal Court is decided.
The Full Federal Court has found that Liberty Mutual Insurance, but not QBE, is required to cover Icon Construction’s losses stemming from the Opal Tower disaster, which has caused the builder $31 million in losses.
In another victory for ASIC in a case stemming from the banking royal commission, a judge has ruled that TAL Life Limited breached the Insurance Contracts Act after denying coverage to a cancer patient and threatening to recover $24,000 it had already paid to her.