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Service 37 of Kelly and Ball's Principles of Insurance Law released

by Desanka.Vukelich 29. September 2011 10:04

Service 37 of Kelly and Ball’s Principles of Insurance Law has been released.

In Service 37, the authors updated the following chapters to reflect recent developments in case law, policy and legislation:


• Chapter 5

— Updated [5.0040] “The final contract”

— Updated [5.0040.15] “Terms not drawn to the insured’s attention”

— Updated [5.0110] “Terms imposing obligations or creating conditions precedent to liability”

— Updated [5.00110.1] “Warranties”

— Updated [5.00110.10] “Are there ‘special’ rules in relation to warranties?”

— Updated [5.0120] “Conditions precedent”

— Updated [5.0130] “Breach of warranty”

— Updated [5.0210] “Election: suggested limits to its application”

— Updated [5.0290.10] “Third principle: take account of the main object or commercial purpose of the contract”

— Updated [5.0330] “A special approach to insurance contracts?”


• Chapter 11

— Updated [11.0010] “Scope of this chapter”

— Updated [11.0060] “Obligations on authorised insurers”

— Updated [11.0060.5] “Appointment of auditor and actuary”

— Updated [11.0070] “Investigations”

— Updated [11.0120] “Review of decisions”

— Updated [11.0361] “Investigations and winding up”

— Updated [11.0362] “Carries on insurance business”

— Updated [11.0363] “Licences”

— Updated [11.0364] “Conditions of Licence”

— Updated [11.0365] “Actuaries”

— Updated [11.0366] “Statutory Funds of Life Insurers”

— Updated [11.0367] “Prudential’s supervision by Reserve Bank”

— Updated [11.0368] “Winding up and statutory management”


• Chapter 15

— Chapter 15 has undergone a complete rewrite


Cross-references to Australian Insurance Law Annotated have been added to paragraphs in Chapters 5 and 11


• The How to Use guide card has been updated

• A consolidated index has been provided


Kelly and Ball Principles of Insurance Law

Latest Issue of Australian Insurance Law Bulletin released

by Thomas Gaffney 30. August 2011 09:48

The latest issue of the Australian Insurance Law Bulletin has been released.

Subscribers' attention is drawn to the following articles in particular:

Vero Insurance Ltd v QBE Insurance (Australia) Ltd considered


Court revisits basis for challenging FOS decisions


Update on the proposed changes to the Insurance Contracts Act

Rehana Box and Crystal Lawton BLAKE DAWSON

Cyberbullying — where does a school’s duty of care end?


Sparking a divide in defining “damage” in business interruption claims?

Ray Giblett and Jessica Kinny GADENS LAWYERS

To subscribe to the Australian Insurance Law Bulletin or other LexisNexis Products, go to lexisnexis.com.au 



Special insurance law edition of Butterworths Corporations Law Bulletin

by Hilary Kincaid 18. November 2010 12:30

We are pleased to say that a special insurance law edition of our fortnightly rundown of corporations law, Butterworths Corporations Law Bulletin, is now available.

We note the following feature articles:

  • "Some impacts of the Australian consumer law on insurance contracts" by John K Morgan, Partner, Allens Arthur Robinson and Senior Visiting Fellow, Faculty of Law, University of New South Wales;
  • "What are co-ordinate liabilities for the purposes of contribution?" by Greg Reinhart, Executive Director, Australasian Institute of Judicial Administration and Editor, Australian Insurance Law Bulletin; and
  • "Key developments in insurance law in 2010" by Jane Bochenek, Solicitor and Matthew Foglia, Special Counsel, Wotton + Kearney.


Service 34 of Kelly and Ball Principles of Insurance Law

by Hilary Kincaid 31. August 2010 16:46

The new service of Kelly and Ball - Principles of Insurance Law has been released, reflecting recent developments in case law, policy and legislation. 

Subscribers’ attention is drawn in particular to: 

  • Chapter 5 — Terms of the Contract
    • Calliden Insurance v Chisholm suggesting that s 37 of the Insurance Contracts Act 1984 may prevent an insurer under a professional indemnity policy from refusing to indemnify the insured if the insured is insolvent or unable to pay its excess;
    • Nelson v Hollard Insurance where it has been held that the provision in a policy excluding liability for a loss caused by inherent defects, structural faults etc is not affected by the ICA s 46;
  • Chapter 8 — Claims
    • Calliden Insurance v Chisholm in relation to the question whether excess clauses require actual payment of the excess by the insured;
  • Chapter 14 — Liability Insurance
    •  New [14.0235] “Loss in value of investments” discussing Done v Financial Wisdom, Darlington Futures v Delco Australia and Trustees Executors v QBE Insurance (International) in relation to an exclusion of cover of a liability arising from the loss in value of investments;
  • Chapter 16 — Reinsurance
    • Additional material discussing the meaning of “actually paid”.



Kelly and Ball Principles of Insurance Law


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