Did you know: When either the insurer or the insured commences proceedings in a recovery action that involves subrogation, they are obligated to protect the
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WR Insurance Bulletins
Welcome to William Roberts’ Insurance bulletins, where we share our thoughts on relevant or interesting legal issues. Please click on the relevant article to read
No hire car charges for unroadworthy vehicles and unlicensed drivers
Did you know: You can (and should) oppose hire car or loss of income claims where the damaged third party vehicle was (i) unroadworthy, or
How to determine loss if a supervening event causes further damage
Did you know: Supervening events do not affect your recovery of damages! Consider the following examples: A person scratches a car, but before it is
Negligence vs Nuisance
In certain situations, both the law of negligence and the law of nuisance may apply to damages caused by one party to another. Have you
The curious case of the snail in the bottle
Did you know? One of the pivotal moments in tort law history features a decomposed snail found in a bottle, which was the subject of
Legal Professional Privilege
The term “privileged” is often thrown around and slapped on the top of letters and emails. But do you understand how legal professional privilege applies,
Dual Insurance
Did you know: Subrogated recovery against a third party isn’t your only potential recovery path. There may be another insurance policy that covers your insured
Calderbank Offers
Did you know – The principles for when offers can be relied upon to obtain a cost advantage were first outlined in the case of
‘Reliance on Third-Party Providers is Always a Risk’: ASIC’s Renewed Focus on Cybersecurity for Financial Institutions
Major cyber-attacks against Medibank and Optus in 2022 pushed cyber security to the forefront for many Australian businesses. Last month, the Australian Securities and Investment
The Long Arm Of The (Australian Consumer) Law
In Karpick v Carnival plc [2023] HCA 39, the High Court of Australia extended the extraterritorial reach of the Unfair Contract Term (UCT) Regime in the Australian Consumer
How Contractual Construction Burnt Insurer and Sent Their Case Up in Flames
The function of an important provision in an insurance policy often depends on seemingly unimportant terms or phrases. This proved to be the case in
Artificial Intelligence is NOT, But Will RAG Augment Your LLM
First, it’s not “intelligence”. It has no grounded understanding or lived experience; it is not “thinking” in a humanly recognisable sense. AI is not understanding and applying experience to make judgments based on reason, or form opinions, in