More on the composite cladding issue

More on the composite cladding issue

One of the biggest issues facing the construction and insurance industries of late has been the use of composite paneling. Of course linked to this is the number of fires involving extruded polystyrene “XPS” in cool rooms. I am anxious to learn as much as I can about the issues as is Steve Manning and we acknowledge those that are assisting us including AXA UK […]

Read Me

Where insurance can appear unfair and not in the best interests of the consumer

Where insurance can appear unfair and not in the best interests of the consumer

There are a couple of areas of the law that can appear to be unfair to an insured. A recent case has highlighted one. In Globe Church Incorporated v Allianz Australia Insurance Limited & Anor [2019] NSWCA 27 Globe Church argued that time started to accrue when the ISR insurers breached their obligations under the policy by not indemnifying Globe Church and not from the […]

Read Me

A disturbing response to my post today on buying business insurance direct – Get Ready for a Manning Rant!

In response to my earlier post today I received this email from a distressed broker. Thanks yet again Allan for your insights. Yes; it is extremely distressing to note the upsurge in the so-called ‘direct’ market influence. I’m going to be very blunt now & tell you about an experience I’ve had during the last week. The son of a very loyal commercial client of 30 […]

Read Me

Beware of Changes in Liability Policies

I have noticed that there has been a few insurers that have been altering their exclusions under Liability and/or the Liability Section in their Business Pack policies. The change is in the Defamation, Libel and Slander exclusion. One of the ones that has changed reads: Defamation, Libel, Slander in respect of the Cover provided under Section –  Public and Products Liability: the publication or utterance […]

Read Me

Understanding Section 46 of the “Insurance Contracts Act”

Like most sections of the Insurance Contracts Act 1984 [Cth Act  80 of 1984] it is designed to protect the Insured. The main point is that an insurer is not able to deny liability for a defect, unless the defect is known to the Insured or ought to reasonably be known to them. The Section, however, does not protect all Insureds. The attached paper by South […]

Read Me

Blog Question – Cafe tables and chairs on the council footpath

I received this question late last week” “Good afternoon Prof Manning,  I have a Liability query.  We have an insured who has a cake/coffee shop. On one side of our insured is a restaurant and on the other side there is a dwelling. Our Insured has asked permission from both landlords if they can extend their setting of outdoor tables and chairs (see drawing attached […]

Read Me

The need for “contract certainty” # 1 Statutory Fines and Penalties Cover

The need for any contract to provide certainty is, on the face of it, important. This allows each party to the contract to know exactly what their rights and responsibilities are. As a contract of insurance is, to my mind, the most important contract a business owner enters into in their business life, coupled with the fact that insurance is a product that does not […]

Read Me

The need for “contract certainty” # 2 Claims Preparation Fees

The second area that has to be addressed sooner rather than later is claims preparation fees. Under an Industrial Special Risks (“ISR” ) Policy, the Insured has the right to appoint a claims preparer. The words from the Mark IV, both Advisory and Modified versions reads: Item No. 2 “The insurance under this item is to cover such reasonable professional fees as may be payable by […]

Read Me

News Corp claim under their Directors and Officers Policy

On Monday 22nd April 2013, News Corporation advised that it had recovered $139 million in insurance proceeds in a settlement with shareholders over the board of directors’ actions related to the company’s phone hacking scandal and its acquisition of Shine studios. The company said the money would come from insurance policies held by members of the board who were the defendants in the suits. While this matter did […]

Read Me

Caution in Premium Funding Directors & Officers Liability Insurance

One of the areas of coverage that is available, but not always, under a Directors & Officers, or Management, Liability Policy is for insolvency. Particularly in these tough times companies do go into liquidation and this can create an risk exposure for the directors from creditors and perhaps shareholders. It is at this time that the directors and senior officers of the organisation require the protection afforded by […]

Read Me