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Our Dispute Resolution and Litigation team has expertise in advising and acting for a range of interests in insurance and insurance related disputes.  Some examples of our insurance experience are set out below:

Acting for insureds

  • Advising companies, directors and officers on complex D&O insurance issues in relation to actions taken by regulators.
  • Acting for a policyholder in relation to a claim against several insurers and brokers in relation to whether representations made by the insurer pre-contract, prevented the insurer from being able to rely upon the insurance policy.
  • Acting for a third party beneficiary under a life insurance/key person policy in an action for negligence against the broker and insurer after they mistakenly cancelled the policy.
  • Acting for the directors of Compass Airlines in a leading case on duty of disclosure regarding a D&O insurance policy.
  • Acting for insureds in relation to applications for rectification of insurance policies.

Acting for insurers

  • Acting for the professional indemnity insurers of a builder in recovery proceedings against an engineer for slab failure in 64 units.
  • Running an extensive practice for a statutory corporation defending claims disputes in relation to recourse to a statutory indemnity including recovering amounts paid under the indemnity.
  • Running an extensive practice for a statutory corporation recovering amounts paid under two statutory insurance schemes.   
  • Acting for the insurers of a forestry valuer on a complex claim for breach of trust.
  • Acting for the insurer of an RSL club in relation to a complex boiler explosion case involving eight parties.
  • Devising and implementing alternative dispute resolution procedures for leading insurers such as Zurich, Royal & Sun Alliance (now Vero) and QBE.
  • Advising insurers on policy drafting and interpretation.

Insurance industry experience

  • Acting for two American insurers in relation to preference claims brought by the liquidator of New Cap Reinsurance Corporation.
  • Acting for an insurer in negotiations with the ACCC regarding undertakings concerning the advertising of insurance products.
  • Acting for an accounting firm in relation to the HIH Royal Commission
  • Acting for insurers in respect of schemes of arrangement to transfer insurance businesses under the Insurance Act 1973 (Cth), including applications to the Federal Court for confirmation of the schemes.

Key People

Chris Brodrick | Melbourne
Charles Power | Melbourne
Howard Rapke | Melbourne
Stephen Trew | Sydney
Greg Wrobel | Sydney
Toby Boys | Brisbane
Paul Venus | Brisbane

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