Stuart Donaldson

Four proceedings over COVID-19 business interruption losses will be stripped of class action status, with a judge saying most of the common issues were already determined in test cases.

Insurers have won a challenge to a declaration that engineering firm CIMIC could make claims under policies for costs arising from corruption cases, including a $32 million class action settlement.

Four insurers have argued that class actions over alleged business interruption losses during the height of the COVID-19 pandemic should be de-classed, with one insurer saying group members cannot “go behind” a Full Court decision denying coverage for certain policyholders.

A judge has raised concerns about bids to declass group proceedings over alleged business interruption losses during the height of the COVID-19 pandemic, saying the thousands of policyholders who registered for the class actions might reap more from the cases than making claims directly with their insurers.

A judge has refused a bid by four major insurers to obtain the names of small businesses that register to join COVID-19 business interruption class actions, saying he did not want the companies contacting group members. 

A judge considering bids to de-class COVID-19 business interruption class actions has said group members can sign up for the representative proceedings but later decide to make claims directly with their insurers.

A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding. 

Japanese oil company Inpex has lost its bid for a split trial in a dispute with insurers AIG Australia and Mitsui Sumitomo over coverage for litigation related to defects at the $45 billion Ichthys liquified natural gas project in the Northern Territory.

An appeals court has upheld a finding that an unsuccessful class action over the Carwoola bushfire was not entitled to recovery from the insurers of the plumbing company that sparked the blaze.

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.