Case Collective Episode 7: Reasonable precautions, policy rectification and not-so-luxury river cruises
Audio is streamed directly from the publisher (mcdn.podbean.com) as published in their RSS feed. Play Podcasts does not host this file. Rights-holders can request removal through the copyright & takedown page.
Show Notes
In this episode, BN’s Kingsley Grimshaw and Jemima McGrath consider what it means to take reasonable precautions under an insurance policy, the circumstances in which a court will rectify a policy to reflect the intentions of the parties (and the circumstances in which it won’t), and the assessment of damages in the long running saga of the Scenic Tours class action. To read the full summary of these cases, head to bnlaw.com.au.
Statutory conditions and “reasonable precautions” in insurance policies – what’s the difference? – 0:49
Common intent – no policy rectification if you can’t prove it – 4:40
When danger invites rescue, is there contributory negligence? – 9:25
Tour operator in troubled waters – assessing damages for disappointed cruisers – 13:50
This episode was edited by Audio Advantage.