We are a law firm specialising in insurance. Our team is expert in advising on policy response and other coverage issues.
We have had many years of experience with the conduct of litigation and advice to insurers and corporates in respect of indemnity
disputes (PI, D&O, ISR, Property, Public and Products Liability).
Who We Work With
Local and International Insurers
Third Party Administrators
We have extensive experience in property damage claims. As part of the Procare Group, we work closely with loss adjusters and recovery specialists to ensure that cause, effect and loss are all realised in a timely manner which ensures the delivery of a superior service to our clients.
Our expert recovery team work towards ensuring that our client’s losses are minimised or offset, where possible.
Industrial Special Risk
We have many years of experience managing insurance claims and litigation involving ISR. This includes claims in the mining, manufacturing and chemical productions sectors. We have significant experience with fire damage claims. In addition, we have provided risk minimisation/brand reputation advice to our clients.
We have provided advice on construction contracts (local and overseas projects).
We have extensive experience in professional indemnity claims, SOP claims, defence of injury claims, Work Health and Safety Prosecutions and Coronial Inquests.
Our work has included litigation and the provision of advice involving disputes between principals, head contractors and sub-contractors. Work done in this area includes:
- D&C contracts – preparation of and disputes/litigation
- Superintendent claims – defence work
- professional liability litigation and ADR – architects, engineers, builders
- advice on insurance and the effect of contractual indemnities, warranties and limitations
- a number of complex insurance issues where parties had rights under a number of policies with different levels of cover and varying excesses.
We have extensive experience litigating recovery and defence proceedings.
We have managed high volume low quantum claims with the view of achieving maximum commercial efficiencies for our clients.
Our work also includes a deep understanding of this area of practice which sometimes involves us providing policy advice.
In this space we have:
- acted in recovery actions arising out of the unintended installation of malware and fraudulent transactions, successfully recovering money for our clients.
- prepared and advised on numerous SaaS contracts.
- advised on the failed implementation and customisation of a suite of software sold to a client which involved a significant business interruption loss.
- acted in NSW Supreme Court litigation over contractual disputes arising out of the failed rollout and implementation of software.
- prepared Privacy Policies and advised on issues regarding the Privacy Principles and Records Management.
- advised clients and given a number of public seminars on the Mandatory Reporting of Cyber Breaches which will soon take effect.
- advised clients on 1st party and 3rd party liability cover under Cyber policies.
We have handled many property damage claims and personal injury claims for members and insurers of agribusiness clients. These have included:
- crop damage arising out of allegedly inadequate services from a hydraulic engineer
- litigation arising out of property damage caused by the spontaneous combustion of dried-distillers grain
- advice in respect of damage to a pleasure craft and the application of the proportionate liability legislation and consumer protection laws
- the review of various farm pack policies on the question of indemnity for a number of major insurers.
Accident and Health
We have provided clients in this sector with advice on policy coverage, non-disclosure and fraudulent misrepresentation with regards to disputed claims.
Life and TPD
We have provided advice and had the conduct of litigation arising out of disputes over Life Insurance and Income Protection policies relating to:
- non-disclosure and misrepresentation
- fraudulent misrepresentation
- whether an insurer has properly avoided Life policy under the Insurance Contracts Act
- the application and scope of TPD clauses which determine whether a condition is a disablement covered by the policy
- claims involving the wrongful acts of insurance intermediaries.
We have acted in numerous defamation cases in defence of allegations arising in the context of corporate relationships and alleged defamatory publications. We have achieved excellent outcomes for our clients with timely and pragmatic advice.
Risk Management and Governance
For many years we have assisted clients with risk management, policy and advice work. Some examples of that work includes:
- insurance advice
- policy and procedure for risk reporting and governance
- operational guidelines for hospitals including disease control and needle stick injuries
- whistleblowing guidelines and education
- information management and document control
- privacy – best practices and compliance advice
- practice manuals for volunteers, working with children checks and child protection issues
- public event operational risk management advice
- advice on supplier agreements and contractor arrangements with a view to setting out the clear delegation of responsibilities and risks
- product recall and product liability
We have our own in-house notary public