Case Collective Episode 7: Reasonable precautions, policy rectification and not-so-luxury river cruises

Jemima McGrath

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

  • 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.

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