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Law firm investigates COVID-19 business interruption class action
Class Actions 2020-11-20 1:57 pm By Cat Fredenburgh Melbourne

Insurers may face a class action by holders of business interruption insurance that have had their COVID-19-related claims rejected, following their loss in a test case over whether an infectious disease exclusion in business interruption cover applies to coronavirus-related claims.

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‘An order that has never been made before’: Judge preps for contingency fee hearing
Adam Hochroth 2020-11-19 5:02 pm By Miklos Bolza Sydney

A Victoria Supreme Court judge hearing two competing class actions against Allianz Australia over “junk” insurance has asked the parties for feedback on what she should consider at a hearing on a request for a group costs order, which would allow the plaintiff lawyers to earn a cut of any settlement or judgment, the first such request made since Victoria legalised contingency fees.

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Insurers lose COVID-19 business interruption test case
Bret Walker 2020-11-18 11:31 pm By Cat Fredenburgh Melbourne

Insurers will face a flood of pandemic-related claims after an appeals court ruled in a test case brought by the Insurance Council that certain infectious disease exclusions in business interruption cover do not apply to coronavirus-related claims.

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Insurer appeals ruling putting it on hook for Opal Tower coverage
Appeals 2020-11-17 10:37 am By Cat Fredenburgh Melbourne

Insurer Liberty Mutual is challenging its loss in a coverage dispute with construction company Icon Co over $31 million in losses stemming from Sydney’s Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Allianz hit with second class action over ‘junk’ car insurance
Allianz 2020-11-12 5:54 pm By Miklos Bolza Sydney

A second class action has been filed against insurance giant Allianz seeking compensation for consumers alleged to have been ripped off by “worthless” add-on car insurance.

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Top judge nudges ASIC, Allianz away from ‘bastardised’ pleadings in travel insurance case
Allens 2020-11-11 3:28 pm By Spencer Fowler Steen Melbourne

The Federal Court’s top judge has cautioned ASIC and insurers Allianz and AWP against presenting a “bastardised form of pleading” in the financial watchdog’s action over the alleged misleading sale of travel insurance to over 31,000 consumers.

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Amicus to argue against CFO in $138M IAG class action settlement
Adam Hochroth 2020-11-05 4:34 pm By Miklos Bolza Sydney

An amicus curiae will be appointed by the court to argue against a common fund order application by the funder backing a class action against two Insurance Australia Group subsidiaries, after the insurance giant agreed to a $138 million settlement last month.

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ASIC alleges funeral insurer made false claims in spruiking plans to Aboriginal customers
ASIC 2020-10-30 10:46 pm By Spencer Fowler Steen Melbourne

Funeral insurer ACBF Funeral Plans and parent company Youpla Group are facing legal action from the corporate regulator alleging they breached financial service laws by making false claims in a funeral insurance policy sold primarily to Aboriginal consumers.

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Icon wins dispute with insurers over Opal Tower coverage
Barry Nilsson Lawyers 2020-10-20 5:20 pm By Miklos Bolza Sydney

Construction firm Icon Co has won a coverage dispute with its insurers over $31 million in losses stemming from Sydney’s ill-fated Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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AIG settles case against ex-Kaboko Mining directors after D&O policy exclusion spat
AIG 2020-10-20 1:06 pm By Cat Fredenburgh Melbourne

AIG has settled a lawsuit brought by Kaboko Mining against several former directors alleging they failed to exploit commercial opportunities, after the insurer failed to convince an appeals court that an insolvency exclusion in the company’s D&O policy should exempt it from covering the claims.

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