In May 2024 the Federal Court of Australia held that an insurer’s primary obligation to meet the costs of reinstatement of damaged insured property necessarily extends to the cost of remediating any further damage to the property which is relevantly connected to that primary obligation. This principle applies regardless of whether the insurer’s obligation is
Risk management
Reasonable Foreseeability and Drive-Thru Shooting (USA)
By Donald Dinnie on
In this case, the claimant was shot while sitting in a car at a Wendy’s Drive Thru. He sued Wendy’s for damages, alleging that a criminal attack was reasonably foreseeable to Wendy’s and that its failure to adequately secure the property was negligent.
The claimant was shot by two unidentified assailants. Video surveillance showed…
The increasing need for risk management advice by lawyers
By Donald Dinnie on
The risk landscape has led business people, and their legal and compliance teams, to bemoan the business world in which we live. Unsurprisingly, regulatory compliance is the top risk for most industries.
Navigating the risk landscape is now a significant focus of businesses and while traditionally accountant-firm driven, risk advisory services offered by law…