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Commercial Insurance Law (LAWS90337)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
November
Teaching staff:
Ian Enright (Subject Coordinator)
Fred Hawke (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | November - On Campus |
|---|---|
| Fees | Look up fees |
This subject focuses on the legal context and considerations of property, crime and financial liability insurance, including categories of loss and liability, disputed coverage and claims handling issues.
The course is relevant to operational business risk management and will cover insurance products such as material damage and resultant business interruption, public and products liability, professional indemnity, errors and omissions, crime and trade credit insurance.
This subject has an Australian focus.
Indicative list of principal topics:
- What is insurance and how does it work? How does it compare/contrast with other modes of risk transfer/funding?
- Commercial property and business interruption insurance
- Public and product liability insurance: the nature of "occurrence-based" liability insurance
- Financial liability insurances, professional indemnity and directors & officers insurance (PIDO), errors and omissions insurance (ENO), civil liability
- Trade credit, insolvency insurance and cyber-risk insurance
- Strategies and tactics for dealing with insurers: resolving underwriting and claim disputes
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Analyse the difference between insurance and other modes of risk transfer/funding;
- Explain and assess critically the key duties imposed on the assured in insurance contracts (this includes statutory and contractual duties);
- Critically distinguish between general contract law principles and insurance contract law;
- Demonstrate specialised knowledge of various forms of insurance, including commercial property and business interruption insurance;
- Apply knowledge of the roles performed by participants in the insurance industry, such as underwriters, and the process by which insurance is underwritten and insurances claim disputes are resolved; and
- Apply knowledge of the Insurance Contracts Act 1984 (Cth) and its interface with the common law and equity, particularly concerning the duty of utmost good faith, misrepresentation and non-disclosure, rights of third party beneficiaries, notification of claims and circumstances, and subrogation
Generic skills
- Advanced understanding of commercial insurance contract law principles.
- Ability to evaluate and synthesise existing knowledge in insurance law.
- Well-developed problem-solving abilities, characterised by flexibility of approach.
- Advanced competencies in legal research and analysis.
- Capacity to communicate, orally and in writing.
- Capacity to manage competing demands on time.
- Understanding of the significance and value of knowledge to the wider community.
- Capacity to value and participate in teamwork.
Last updated: 18 February 2026