We are experts in insurance law and the lawyers for the Underwriting Agency Council. We deliver comprehensive advisory, claims and dispute resolution services and assist businesses in the financial services sector with regulatory and compliance issues.
Overview
We have focused on the provision of legal services to the Australian insurance market since 1989 and deliver a complete legal service for the insurance industry.
Claims advice
Management of claims and insurance related disputes
Dual insurance disputes
Subrogation actions
Policy drafting
Indemnity advice and indemnity disputes
Contract analysis identifying the impact on insurance programs
Compliance Issues for Financial Service Licensees and Financial Services advice Corporate Governance for insurance companies and intermediaries
Insurance Contracts Act advicePremium recovery
Licensing , APRA and ASIC issues
Acquisitions of Insurance Brokers and Underwriting Agencies
Insurance schemes, Discretionary Mutual Funds, group purchasing body insurance schemes and ASIC relief for managed funds that offer insurance
Negotiation of contract provisions including indemnity and insurance clauses in contracts
Actions against former employees for breaches of restraint of trade and confidentiality obligations
Advice on Privacy legislation
Claims
We offer a broad range of services in insurance claims litigation and can assist with a wide range of insurances classes including:
Compulsory Third Party Insurance
Construction and Contract Works
Directors & Officers and Management Liability
Employment Practices
Home Warranty Insurance
Liability- Public and Products
Life and Personal Accident
Statutory Fines Cover
Marine and Aviation
Property and Industrial Special Risk
Professional Indemnity
Workers Compensation
We provide intuitive legal strategies for the investigation, management and resolution of claims. The strategies are developed in collaboration with clients and a consistent agreed approach ensures the delivery of best practice claims management.
We analyse the commercial and legal impact of all claims, the impact of deductibles, the costs of any dispute process, the merits of the claim and recovery potential. We implement settlement strategies consistent with the potential of the claim.
We try to simplify issues rather than over complicate them. We explain information in plain language and respond promptly and effectively. We will keep you informed and ensure investigators, assessors, experts, collection agents and loss adjusters that assist in claims provide value for money services.
We are committed to delivering a quality claims service in a manner which will exceed your expectations.
Policy & Indemnity Issues:
Our expertise in policy drafting and indemnity disputes is reflected in the work we have carried out.
We have crafted wordings in a wide range of insurance classes and assist underwriters, underwriting agencies and insurance brokers with wording reviews, endorsements, advice on the legality of proposed insurance arrangements and compliance with Australian laws. We have expertise in reviewing and crafting policies that deal with:
Construction & Engineering Risks Section 1 & Section 2
D&O Risks
Home Warranty Insurance
Employment Practices Cover
Legal Expense Insurance
Liability Insurance- Property and General
Personal Accident Insurance
Statutory Fine Cover
We regularly advise on policy coverage and have been involved in indemnity disputes that have involved the analysis and interpretation of:
Insuring Clauses
Errors and Omissions coverage
Contractual liability exclusions
Product recall exclusions
Efficacy exclusions
Goods in custody and control exclusions
Professional advice exclusions
Non disclosure and misrepresentation in Personal Accident and Life Insurance claims
Claims for pure economic loss
Definitions of Damage
Whether there was one occurrence or a series of events that resulted in one occurrence
Non disclosure
Misrepresentation
Indemnity disputes in Professional Indemnity claims involving failure to notify and the impact of section 54 of the Insurance Contracts Act
Inaccurate description of “Business” in the policy schedule
Liability of the statutory workers compensation policy for contractual liability (High Court)
Dual insurance claims and “other insurance” clauses
Indemnity disputes in CTP claims involving loading and unloading of vehicles, defective seats and defects in vehicles
Business Law:
Acquisition of Insurance Brokerages and Underwriting Agencies
Corporate structuring and financing including prospectus/offering memoranda preparation and due diligence investigations
Joint venture agreements
Authorised Representative Agreements
Binder Agreements
Preparation of applications for licences under the Insurance Act
Challenges by APRA to an Insurance Licence concerning solvency margins and fit and proper persons acting as directors
ACCC investigations
Preparation of Competition and Consumer Compliance Manuals
Company Secretariat services
Speak with one of our Insurance and Risk experts today!
