Recent Cases

Avant Insurance Limited v Darshn [2022] FCAFC 48 (29 March 2022) (Jagot, Derrington and Colvin JJ)


Catchwords:


INSURANCE — whether lawyers retained by insurer to act for insured had authority to give notice of facts that might give rise to claim on behalf of insured — whether lawyers retained by insurer for insured did give notice of facts that might give rise to claim against insured to insurer — whether insurer’s reliance on insured not having given notice of facts that might give rise to claim against insured contravened insurer’s duty of utmost good faith — whether primary judge erred with respect to scope of declaratory order made — appeal dismissed — part of cross-appeal upheld