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Phillips Fox

NIBA College and DLA Phillips Fox have joined forces to help you maintain your CPD requirement - read the article below and then log in to CPD eLearning and enrol in the multiple Choice Quiz to earn 1CPD point.

08Q2 MAY QUIZ

Say the Word & BMW Finance

In this month's quiz we will examine two cases.The first will look at a decision of the Victorian Supreme Court where the Court considered whether the owners and operators of a mine were able to claim business interruption losses under its ISR policy where those losses had not been the result of physical loss or damage to insured property. The second decision examines a broker's duty to disclose to a lender the inadequacies of the securities offered in support of a proposed premium funding loan.

08Q1 FEBRUARY QUIZ

Putting your foot in it & Coromin Ltd and AXA Re and Others

In this month's quiz we will examine two cases.  The first will look at a decision of the High Court of Justice, Queen's Bench Division which considers a number of topical issues common to first party loss policies and problems which may arise during claims discussions.  The second is a judgement made by the Western Australia Court of Appeal which considered a number of issues relating to exclusion clauses.

07Q4 NOVEMBER QUIZ

Brescia v QBE & Anor and CGU Insurance Limited v AMP Financial Planning Limited

In this month's Quiz we will examine two cases.  The first looks at a decision of the High Court that has been eagerly awaited by the insurance industry which considered the advice of an insurer to its insured that it should act as a 'prudent insured'.  The second is a judgment of Justice Hammerschlag in the New South Wales Supreme Court which considered a number of issues including the application of the reasonable precaution clause in an Industrial Special Risk Policy (ISR) and the use of Section 56(1) Insurance Contracts Act which allows an insurer to deny a claim that is tainted by an Insured's fraud.

07Q3 AUGUST QUIZ

Interpreting Indemnity Provisions in Commercial Contracts

In this month's Quiz we will examine two cases.The first article looks at interpreting indemnity provisions in commercial contracts by discussing a recent NSW Supreme Court decision. This case reaffirms the general principles of law under which a contract of indemnity will be interpreted by the Courts in cases of ambiguity to give the contract business efficacy.The second article looks at a recent decision from the Victorian Supreme Court and illustrates the considerations of business efficacy in interpreting operative clauses and 'reasonable precautions' conditions in policies of insurance.

If you have not previously registered on CPD eLearning you will need to do so now. You will find the quizzes located under ‘NIBA/DLA Phillips Fox Quarterly Quizzes'. Cost to register is $20 for NIBA Members ($24 for non-members). Payment is by credit card. You can subscribe to complete the years articles for $60 ($72 for non-members).

If you require further information or have any questions please call on (02) 9459 4316 or email elearning@nibacollege.com.au

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