Newling v FSS Trustee Corporation (No 2)

[2018] NSWSC 1405

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Insurance
2. › duty to act reasonably
3. › content of duty
4. › reasonableness in assessing evidence
5. › conflicting expert reports
6. › onus on claimant to demonstrate that particular evidence should be preferred to other evidence when there is a conflict
1. Insurance
2. › duty to act reasonably
3. › content of duty
4. › where insurer makes a mistake or accidentally overlooks material during assessment process
5. › no breach of duty in circumstances where there is an opportunity for the claimant to bring the mistake to the attention of the insurer
1. Insurance
2. › duty of utmost good faith
3. › content of duty
4. › obligation for insurer to give reasons for their decision
5. › no general obligation
1. Insurance
2. › duty of utmost good faith
3. › content of duty
4. › reasonable and fair process for assessment of claim
5. › where claimant represented by solicitors