P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyds Ltd

• 1. Insurance
  2. › Professional indemnity insurance
  3. › Claims made and notified policy
  4. › Notification of circumstances
  5. › Whether notification of 'facts that might give rise to a claim'
  6. › Whether loss more than a potential possibility on notified facts
  7. › Insurance Contracts Act 1984 (Cth), s 40(3)
• 1. Insurance
  2. › Non-disclosure and misrepresentation
  3. › Duty of disclosure
  4. › Whether non-disclosure entitling insurers to reduce liability to nil
  5. › Whether evidence directed to undisclosed matters distributively or taken together
  6. › Insurance Contracts Act 1984 (Cth), ss 21, 28(3)
• 1. Insurance
  2. › Non-disclosure and misrepresentation
  3. › Fraudulent misrepresentation
  4. › Whether fraudulent misrepresentations specifically pleaded
  5. › Whether misrepresentations concerning matters of fact or statements of opinion
  6. › Insurance Contracts Act 1984 (Cth), ss 26(2), 28(2)
• 1. Practice and Procedure
  2. › Costs
  3. › Joint and several liability for costs
  4. › Separate proceedings heard together
  5. › Whether plaintiffs should be jointly and severally liable for defendants' costs
  6. › Whether most issues common or closely related

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