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In making this finding, his Honour clarified that Auto & General’s rights to refuse payment or reduce a claim were qualified by the duty of utmost good faith per s 13 Insurance Contracts Act 1984 (Cth) (ICA) and, in any event, s 54 of the ICA would operate to ensure that these rights would not cause a significant imbalance between the parties’ rights and obligations. [read post]
20 May 2024, 11:41 am by Daniel M. Kowalski
This won’t undo the years of harm done by ICE but it is a good first step towards justice. [read post]
20 May 2024, 8:40 am by David Pozen
The defense bar, at least, ought to mount constitutional attacks wherever the attacks might do some good. [read post]
20 May 2024, 5:00 am by Josh Blackman
In the wake of the announced boycott against Columbia University, I posed several questions to Judge Matthew Solomson of the U.S. [read post]
19 May 2024, 7:00 am by Gonzalo E. Mon
For others, this case still serves as a good reminder green claims are being scrutinized closely by competitors (as well as regulators and plaintiffs’ attorneys). [read post]
19 May 2024, 4:01 am by Administrator
Criminal Law: Language RightsR. v. [read post]
18 May 2024, 2:48 pm by Larry
The basis for this decision is explained in Cyber Power Systems (USA) Inc. v. [read post]
17 May 2024, 12:29 pm by Josh Blackman
If something has been done for a long time, that is a good enough reason to keep doing it. [read post]
17 May 2024, 4:43 am by Matthias Weller
by Achim Czubaiko, Research Fellow („Wissenschaftlicher Mitarbeiter“) and PhD Candidate, supported by the German Scholarship Foundation, Institute for German and International Civil Procedural Law, University of Bonn. [read post]