Insurance

Henry Davis York's insurance team is recognised for the breadth and depth of expertise. We are the go to team for small disputes through to sensitive multi-party cases, particularly in the financial services and government sectors.

Our expertise covers a wide range of insurance products, including public liability, product liability, property, construction works, directors and officers, professional indemnity, medical negligence and industrial special risk, as well as specialist insurances such as cyber/ data security, environmental risk, lenders mortgage insurance and warranty and indemnity.

We offer end-to-end experience, from front-end corporate and related transactional matters, to policy wording and coverage issues, through to significant and complex claims in civil and coronial courts. We are regularly called upon to review and draft policy wordings and advise on regulatory requirements for new products being introduced into the Australian market. We also provide specialist drafting and transactional advice to manage risk for multi-party, multi-contract agreements in a range of commercial situations, including major projects, government and property developments.

Our unique offering is further enhanced by our life insurance team which has built a strong and focused life insurance claims and advisory practice that has an enviable reputation in the market.

Rebecca Whittle

My clients' business interests are front of mind for me every day.

Our Top Independent Endorsements

Chambers Asia-Pacific
  • Chambers Asia-Pacific
  • Insurance
  • 2017, 2016, 2015
The Legal 500 Asia Pacific
  • The Legal 500 Asia Pacific
  • Insurance
  • 2017, 2016, 2015, 2014, 2013
Doyle's Guide to the Australian Legal Profession
  • Doyle's Guide to the Australian Legal Profession
  • Medical Negligence
  • Public Liability
  • 2016, 2015

Our Top Insurance Insights

TPD Insurers have no duty to act as employment agents

  • 04 Aug 2017

The NSW Supreme Court has held in Dotlic v Hannover Life Re of Australasia Limited1 that in Total and Permanent Disablement ("TPD") claims it is not a life insurer's responsibility to...

Institutional Responses to Child Sexual Abuse - Consultation Paper

  • 03 Aug 2017

After hearing the stories of thousands of victims of child sexual abuse, the NSW Government Consultation paper on the civil litigation recommendations of the Royal Commission into Institutional Res...

Aquagenics and Break O'Day Council – insurer on the hook for delayed notification

  • 10 Jul 2017

Aquagenics and Break O'Day Council – insurer on the hook for delayed notification1The recent case of Aquagenics Pty Limited (in liquidation) v Certain Underwriters at Lloyd's a claim ...

Facial analysis software for life insurance - what you need to know

  • 05 Jul 2017

The life insurance industry is on the verge of a huge transformation following the development of new facial analytics technology. The new technology could dramatically speed up the application pro...

Our Insurance Experience

Asbestos Injuries Compensation Fund Limited

Acting for the Asbestos Injuries Compensation Fund (AICF) for over 7 years on a range of complex and ground-breaking insurance litigation and unlitigated claims to recover millions of dollars in insurance and reinsurance globally, in particular from the reinsurers of HIH (a major insurance company that collapsed in 2001). This included the first ever successful application under s562A(4) of the Corporations Act to cut through the contractual relationship between an insolvent insurer and reinsurer. Prepared claims for AICF in Insurer' schemes of arrangement and prepared and advised upon commutations with insurers.

Insurance Broker

Defending a professional negligence claim in multi-million dollar Supreme Court proceedings against an insurance broker for alleged failure to obtain appropriate professional indemnity insurance for a building certifier. The proceedings arose out of a failed development on the Central Coast, run on a tight budget with each of the parties bankrupt, without valid insurance or limited insurance. We have developed a strategy to separate the claim against our client from the main proceedings, leaving the uninsured parties to fund the main proceedings to encourage an earlier and lower settlement.

Insurance Council of Australia

Advised the Insurance Council of Australia (representative body of general insurers in Australia) and its Board on the corporate governance changes to support  the new General Insurance Code of Practice 2014. This involved designing a new independent and robust corporate governance structure in response to the Code Review recommendations and to meet all stakeholder requirements. We also advised on the process for the adoption of the new Code by all of the insurance members of the ICA.

International Construction company

Advising on significant class actions alleging breach of continuous disclosure requirements for an international construction company.

Top 3 Life Insurer

Advised one of the largest life insurers in the market on Stronger Super implications for group life and disability policies, advising on and drafting changes to group insurance programs to ensure alignment with SIS conditions of release, MySuper insurance requirements and APRA prudential compliance.