General Insurance, Life Insurance & Reinsurance

Our experts provide a complete range of insurance services including advice on establishing or acquiring an insurance business, portfolio transfers, product and regulatory issues, claims management, litigation and dispute resolution.

We are often called upon to draft and interpret policies, and to advise on indemnity issues and the interaction between insurance clauses, warranties and indemnities in transactional documents. Corporate and public sector clients also look to us for advice on their insurance and risk programs.

Our lawyers are trusted advisers to major Australian and international insurers, corporates and the public sector.

We are specialist insurance litigators, handling both small disputes quickly and cost effectively as well as complex multi-party cases.

We get results

When things go wrong Henry Davis York's dispute resolution experts work closely with clients to resolve disputes quickly and cost effectively. Where appropriate we employ alternative dispute resolution processes to minimise the overall cost of disputes for our clients and to ensure they can maintain a "business as usual approach".

Experts in our field

We are recognised by international directories, such as Asia Pacific Legal 500 and PLC Which Lawyer?, as a leading insurance practice.

We like to get to the heart of a dispute, quickly and sometimes informally, to save time and money for our clients. We have a reputation for achieving commercial results which are attuned to our clients' objectives in a challenging environment.

Our risk and insurance expertise includes:

• directors & officers/company reimbursement
• professional indemnity
• public and product liability
• product recall
• property insurance, including ISR and construction works
• life insurance, income protection and disability
• superannuation trustee liability
• crime and fidelity
• reinsurance.

Asbestos litigation

We are acting for the Asbestos Injuries Compensation Fund Limited in relation to claims against the HIH scheme liquidators including novel proceedings pursuant to section 562A of the Corporations Act seeking payment of reinsurance proceeds.

Superannuation trustee litigation

We successfully defended a major superannuation trustee against allegations of breach of trustee's duties and breach of the Superannuation Industry (Supervision) Act 1993. The reported decision of Supreme Court Justice Rein, Manglicmot v
Commonwealth Bank Officers Superannuation Corporation Pty Limited, is an important examination of trustee duties in particular in the context of taking out insurance for the benefit of fund members. The decision is also important for its obiter comments on whether an ability to work part time excludes a claim for total and permanent disability benefits.

Product liability litigation

We advised Travelers US on Australian-based claims against a multinational corporation arising from an international product recall and successfully negotiated settlements.

HIH Insurance

We acted as coverage counsel on indemnity and supervising the solicitors acting for the directors for the D&O insurers of the FAI directors who were sued following the collapse of HIH.

HIH in House of Lords

Henry Davis York represented James Hardie on a number of insurance claims, the most significant being the claim against the liquidator of HIH. We acted for James Hardie in challenging the English Provisional Liquidators' retention of HIH's English assets. In the successful appeal, the House of Lords accepted our client's position that modified universalism should be applied in cross-border insolvencies.