Welcome to Part 3 of Insurance After Hayne, a six part series on our Insurance Law Tomorrow blog focusing on the implications for insurers following the release of the final report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. This week, we shift our focus to one of the less-anticipated areas of reform: an insured’s duty of disclosure. Hayne’s report proposes changes to two provisions of the Insurance Contracts…

As insurers involved in residential building disputes know, a building claim typically brings a cast of thousands to the courtroom. While owners, builders and engineers typically take centre stage, local Councils and certifiers can unwittingly become involved as bit players due to their role in “signing off” on a project, and perhaps more importantly, because they usually have insurance cover. The recent decision of Ku-ring-gai Council v Chan [2017] NSWCA 226 will give some comfort…