On 13 November 2018 The Australian Insurance Law Association (AILA) hosted the seminar ‘Does a Stitch in Time Really Save Nine? Issues Surrounding Mitigation Costs Under a Policy of Liability Insurance‘ at Level Twenty Seven Chambers. The presenters were Roger Traves QC, Anthony Messina and Nola Pearce.
Through real case examples the seminar discussed insureds who incurred costs in avoiding or minimising losses from an insured event and who looked to the insurer to meet those costs. It was noted that conversely, an insurer may seek to avoid indemnifying for losses which it considers the insured could have taken steps to avoid or minimise. The speakers reviewed the guiding principles, and how the Australian Courts were likely to approach such disputes between parties to a policy of liability insurance.
A written summary of the issues and points discussed during the seminar can be found here.
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