All Articles From Debra Lane
Can the mandated removal of combustible cladding constitute 'property damage' for the purposes of a manufacturer's third party liability policy of insurance?
In AAI Limited v The Owners – Strata Plan No 91086 [2025] FCAFC 6 the Full Federal Court dismissed an application for leave to appeal a previous decision, which allowed a liability insurer to be a defendant to proceedings by strata corporation owners concerning allegedly combustible cladding, which had been removed from the exterior of a high rise apartment building pursuant to a direction from the local council. The decision leaves open for later determination the question of whether removal of allegedly defective combustible cladding may constitute property damage sufficient to trigger third party liability policies on foot for the manufacturer and supplier of the cladding at the time the cladding was installed. The decision of Wigney J at first instance, found that it was “at least arguable that the policies respond because, inter alia, there had been an immediate physical alteration or change to the buildings by dint of the affixation of the panels which affixation had caused a physical alteration to the buildings and had rendered the buildings less suitable for their use as residential buildings”.Read Debra Lane’s full case report below, which was first published in the Lexis Nexis Insurance Law Bulletin, 2026 Vol 39 No 10.
Carter v Chubb Insurance Australia Ltd
OverviewThis case provides a salutary reminder to company officers completing insurance proposals to think carefully before answering questions about facts, circumstances, or omissions that might…
When is ‘automatic’ income protection insurance available through membership of a superannuation fund?
The following Case Report was first published in the LexisNexis Australian Insurance Law Bulletin 2024 . Vol 39 No 2.
Exclusions in a House and Contents Policy: Are You Covered for Liability to a Tenant of a Granny Flat?
Walsh v Yang & Ors [2023] NSWDC 307
Business Interruption Cover for Losses from COVID-19?
If you run a business, hold business interruption insurance and have suffered losses as a result of the COVID-19 pandemic, you will be very interested in whether your policy covers those COVID-19…
An Insurer’s Duty of Utmost Good Faith
Australian Securities and Investments Commission v Youi Pty Ltd [2020] FCA 1701 The Chief Justice of the Federal Court of Australia (Allsop CJ) recently added to the growing weight of jurisprudence…
A Win for Women in Pelvic Mesh Class Action - for the Moment …
GILL v ETHICON SÁRL & ORS (NO 5) [2019] FCA 1905 This was a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) concerning nine uro-gynaecological devices…
Damages for Disappointing Holiday
Can you sue if a package holiday does not go as planned? In some circumstances, you can. Read on… Scenic Tours v Moore [2018] NSWCA 238 was a class action in which various people sued the tour…
Insurers to be Barred from Using Unfair Contracts
As widely reported in the press, the Morrison Government is set to scrap exemptions to the rules against unfair contract terms for insurance companies acting on one of the 76 recommendations to come…
Engine of Luxury Yacht Burns Out
Owner incompetent - but what about the insurance?
DWFT Report
The DWFT Report is a comprehensive publication containing news, commentary and analysis of significant contemporary legal issues impacting the Australian business community.
