The Australian Insurance Law Association (AILA) are hosting the seminar ‘Does a Stitch in Time Really Save Nine? Issues Surrounding Mitigation Costs Under a Policy of Liability Insurance‘ on 13 November. The presenters will be Roger Traves QC, Anthony Messina and Nola Pearce.
The seminar will discuss:
An insured who incurs costs in avoiding or minimising losses from an insured event will often look to the insurer to meet those costs. Conversely, an insurer may seek to avoid indemnifying for losses which it considers the insured could have taken steps to avoid or minimise. What are the guiding principles, and how are Australian Courts likely to approach such disputes between parties to a policy of liability insurance?
• Sources of the parties’ obligations
• Express policy terms
• A general or implied duty to mitigate loss?
• Limits on the insured’s obligation
• Indemnity for mitigation costs:
Timing – before, during or after a loss event?
Does the duty of utmost good faith imply an obligation to indemnify?
Does public policy intervene?
• What about unintended outcomes?
• Apportionment of mitigation costs between insured and uninsured losses.
Details of how to register can be found on the AILA website.