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‘Spectre’ of business interruption class actions laid to rest with test cases, insurers argue
Insurance 2022-12-06 10:26 pm By Cindy Cameronne

Insurers will file de-classing applications in four class actions on behalf of small businesses seeking coverage under business interruption policies for losses flowing from COVID-19 restrictions after their test cases largely failed. 

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Virgin’s insurers may be pulled into bond holders class action
Class Actions 2022-11-08 4:02 pm By Cindy Cameronne

Virgin Australia’s insurers may be dragged into a class action accusing the airline of failing to disclose its true financial position in a 2019 prospectus for a $324 million capital raising.

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‘Best that can be done’: Judge OK’s ‘modest’ $33M Suncorp settlement
Class Actions 2022-10-27 3:03 pm By Sam Matthews

A judge overseeing a class action against a unit of Suncorp Group has given his blessing to a settlement that will see only $14 million of its headline $33 million figure go to super members, despite finding the modest return was “far short of the maximum potential recovery” in the case.

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High Court won’t hear appeals in COVID-19 business interruption test cases
Insurance 2022-10-14 5:03 pm By Christine Caulfield

An appeals court’s “radical” approach in the treatment of JobKeeper payments won’t be scrutinised by the High Court, which on Friday declined to hear an appeal by IAG in the second set of COVID-19 business interruption test cases.

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Virgin class action to appeal ‘nonsensical’ indemnity ruling
Class Actions 2022-09-28 11:40 pm By Sam Matthews

The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus” for group members.

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Class action funder must indemnify Virgin despite ‘nonsensical’ agreement
Class Actions 2022-09-02 10:14 pm By Cindy Cameronne

A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out “didn’t make sense”.

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Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
Insurance 2022-08-31 11:30 pm By Christine Caulfield

An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.

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Virgin says funder’s $5M security in investor class action ‘unsatisfactory’
Class Actions 2022-08-08 2:10 pm By Cindy Cameronne

Virgin Airlines has argued a litigation funder’s indemnity for its legal costs is not enough for it to bring a class action on behalf of bond holders over a 2019 prospectus, claiming the airline expects to spend more than $5 million defending the proceedings.

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Suncorp to pay $33M in super class action settlement
Class Actions 2022-07-25 11:24 pm By Christine Caulfield

The settlement figure in a class action against a unit of Suncorp Group has been revealed as $33 million, and super members are set to share in the net sum of $14 million, or 42.5 per cent of the deal.

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Funder drops ‘uneconomic’ GST class actions after High Court snubs special leave bid
Class Actions 2022-07-05 4:05 pm By Cat Fredenburgh

A judge has signed off on the discontinuance of two class actions against Canberra property developers for allegedly misleading investors about GST on their apartments, after the High Court declined to review a ruling that made the cases “uneconomic” for the funder to pursue.

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