Insurance - Henry Davis York

Insurance

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We offer end-to-end expertise, from corporate, transactional and regulatory matters through to technical policy wording and coverage issues, as well as significant and complex litigated claims, across life, private health, general and reinsurance matters. Our clients include major Australian and international insurers, corporates and the public sector.

We are specialist insurance litigators. We handle small disputes through to sensitive multi-party cases efficiently and cost effectively on behalf of our insurer and insured clients.

We are innovative in our approach to transactional insurance issues and our team provides clients with thought leadership and advice on insurance regulation.

 

Contact

Louise Cantrill

Partner

61 2 9947 6511

louise.cantrill@hdy.com.au

Contact

Rebecca Whittle

Partner

61 418 285 212

61 2 9947 6328

rebecca.whittle@hdy.com.au

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Our relevant experience

  • 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.

  • 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.

  • 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.

  • International Construction Company

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

  • 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.

Our insights

independent endorsements

  • The Legal 500 Asia Pacific
    Insurance
    2016, 2015, 2014, 2013

  • Chambers Asia-Pacific
    Insurance
    2016, 2015