Case Studies

New guidance on personal injury claims & general conditions clauses
New guidance on personal injury claims & general conditions clauses

Lloyd’s of London v Dhillon Scaffolding Pty Ltd [2022] VSCA 92: A decision by the Supreme Court of Victoria leaves businesses without cover after reasonable safety precautions were not taken, highlighting the importance of “General Conditions Clauses” in a policy. In this article, we discuss the Court’s decision and explain the importance of the proper drafting and interpretation of a…

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All in the details: Why it pays to uphold your property policy requirements
All in the details: Why it pays to uphold your property policy requirements

At Risksmart, we see many instances where the Insured’s unintended failure to meet the General Conditions of their Property Insurance policy means their claim is declined. To help avoid this situation, this article explains what some of these General Conditions in the policy wording are and steps through a case study to show how failure to meet Insurance General Conditions…

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Case Study 2 – Minimising Adverse Impact
Case Study 2 – Minimising Adverse Impact

The following case study is for a cleaning company. Through expert negotiation, Risksmart reduced a $22,000 claim to a $1,750 settlement, even securing contribution from other non liable parties. The Facts: Risksmart acted as claims managers for a national cleaning contractor (‘our client’). A retired claimant brought a claim against our client after she allegedly slipped and fell on a…

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