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.