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 and Engineering Risks- Section 1 and Section 2
  • D&O Risks
  • 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
  • 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
  • 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
  • Indemnity disputes in Professional Indemnity claims involving failure to notify and the impact of section 54 of the Insurance Contracts Act
  • Non disclosure and misrepresentation in Personal Accident and Life Insurance claims