Insurance Claims & Advisory

The Banking Royal Commission and the rapid growth in litigation funding has led to an unprecedented scrutiny of corporate conduct and governance, as well as an increase in regulatory and class action activity.

As a result, financial lines (including directors & officers' liability), insurance & reinsurance markets have hardened significantly in Australia. It is now more critical than ever to understand available policy market terms and your organisation's insured risks profile.

In addition to presenting difficulties for the negotiation and placement of insurance, this complex claims environment requires insurance and risk teams to possess a detailed knowledge of their organisations insurance cover, be capable of strongly advocating their claims positions and be prepared to ‘think outside the box’ when it comes to conflict resolution so as to resolve disputed claims in a timely and cost effective manner and maximise recoveries.

How can we help?

We are consistently the ‘go-to’ firm for our clients’ complex, high-value and strategically significant insurance coverage and claims matters across a broad range of sectors, with a particular focus on directors and officers' liability, professional indemnity, cyber, industrial special risks & business interruption, property, public liability, construction all-risks and warranty & indemnity insurance.

We regularly advise clients on the terms of their insurance programs. We also have a demonstrated track record in achieving successful outcomes for our clients in the pursuit of claims and the resolution of contested indemnity disputes.

With experience acting for both policy holders and insurers, we have considerable insight into the way in which both sides of the ‘insurance industry divide’ approach the resolution of their insurance disputes, and we bring that expertise to bear in our approach.

We also have a deep understanding of the regulatory and legislative environment in which both our insurer and insured clients operate.

We have access to market-leading experts across legal practice areas to ensure the appropriate knowledge and skills are applied to the successful resolution of claims.

Experience

QBE class action

Advised QBE Insurance Group in relation to a class action regarding a profit downgrade largely relating to QBE's North American operations.

Westpac

Advised Westpac in a class action on behalf of customers who obtained insurance issued by Westpac Life.

REST Industry Super

Acted for REST Industry Super in The Financial Services Royal Commission, Round 6 (life insurance).

Allianz

Advised Allianz in relation to ASIC's ongoing industry-wide review into the sale of add-on insurance products through motor dealers.

Victorian Managed Insurance Authority

Advised the VMIA in relation to its rights and obligations vis-à-vis its reinsurer in conducting the defence of the Victorian bushfires class actions, the joint retainer of legal services providers by the VMIA and its reinsurer, and the VMIA's approach to settlement negotiations on behalf of its insured clients.

Energy Resources Australia

Advised ERA in respect of a Property Damage and Business Interruption insurance claim following the catastrophic failure of a leach tank at ERA's Ranger uranium processing plant.

Australian Government

Ongoing advice for the Australian Government on insurance risk and indemnity arrangements arising out of major private and commercial transactions.

Canopius, Lloyd's and other London insurers

Acted for a large number of insurers in relation to claims for indemnity made by contractors for a $1.8 billion Australian seawater Desalination Plant under the project's professional indemnity policies.

Legal Practitioners Liability Commission

We have advised LPLC and legal firms and practitioners on a number of professional indemnity matters.

Multinational resources company

Advised on insurance issues arising out of a landslide in 2013. This event was one of the largest landslides in mining history.

Indemnity under D&O

Advised policy holders, including ASX listed corporations, major financial institutions and resources companies on indemnity under D&O (including investigation and securities claims cover), professional indemnity, cyber, business interruption, contract works, warranty & indemnity and other specialty insurance products.