Australia Policyholder Insurance Highlights
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26 feb 2026
Insight
Australia
We are delighted to bring to you the 11th edition of Herbert Smith Freehills Kramer’s Australian Policyholder Highlights, which pulls together the key takeaways for insurance policyholders, their brokers and claims advisors from the most relevant insurance cases and market developments over the last 12 months.
This year, as well as looking at some key decisions on important issues for policyholder claims such as notification, limitation periods in underlying claims and interest on claims, we have included a series of spotlight articles on topics which have been a particular focus for us and our clients namely:
- Warranty and indemnity insurance – we explore the background to this increasingly used product, and canvas the reported decisions on claims and coverage in Australia and the UK
- Physical damage under property insurance policies – we summarise the historical position on the meaning of “physical damage” and look at a series of Australian and UK decisions which suggest a trend towards a broadened meaning which will benefit policyholders
- Director liability and insurance – we look at key evolving liability risks for directors as well as developments for their personal insurance position
- Class actions and insurance – we look at the key trends from shareholder class actions, and two decisions dealing with the application of policy deductibles in the context of a shareholder class action, and the use of ATE insurance as a form of security for costs
We hope that you find this year’s edition of Policyholder Insurance Highlights insightful. Please contact a member of our Insurance team (details below and at the back of the publication) if you would like to discuss any of the cases or trends and how they may impact your business.
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Warranty and Indemnity Insurance - where are we at?
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When has "Damage" occurred?
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Painting over the Cracks
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Shipshape or ship wrecked?
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Damage that Develops
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Developments in when to claim for defective building work
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Leaving prior knowledge in the past
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When Insurers Stall and Interest Starts to Roll
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Director liability and insurance developments
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Insurance and class actions
Key contacts
Anne Hoffmann
Partner, Sydney
Guy Narburgh
Special Counsel, Sydney
Travis Gooding
Senior Associate, Sydney
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Legal Notice
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026
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