Insurance

Recently, the sector has faced transformation globally from unprecedented business and geopolitical impacts which may bring greater risk exposure.

This complex landscape demands expert guidance from a legal partner able to safely navigate through the minefield. 

Hall & Wilcox has a deep understanding and commitment to the Australian insurance markets. 

Our service offering spans front-end and back-end, personal, commercial and statutory lines. We assist with everything from low quantum property recoveries to some of the biggest and most complex class actions in Australian legal history. This holistic service offering is driven by our clients. In the true spirit of partnership, we strive to provide all of the legal services that our insurance sector clients require in order to deliver mutual value. 

We have award-winning, industry-recognised subject matter experts who can take on any insurance case or dispute, representing our client’s best interests strategically and commercially across every type of insurance area from general insurance to areas such as marine and aviation insurance. 

We specialise in all types of insurance claims, ranging from the highly complex and technically challenging, through to simpler, volume-driven claims. We advise on policy wording and regulatory/legal issues, as well as manage claims recovery and settlement strategies and litigation. We also provide coverage advice to insurers for complex claims involving professional indemnity and liability policies and corporate insurance programs.

Our team is highly valued for their outstanding results, innovative approach and understanding of our clients’ business needs. We have worked closely with some of the largest and most reputable general and corporate insurers, life insurers, state government schemes, reinsurers, insurance intermediaries and financial institutions in the following areas. 

Cyber 

Cyber attacks and data breaches are a constant threat that can trigger costly insurance claims. Our team bridges the gap between insurers and corporations, offering timely guidance in navigating high-pressure ransomware demands and data breaches, minimising exposure and ensuring claims are resolved efficiently. 

Marine and Aviation

Our team, comprising specialist maritime lawyers and aviation lawyers, has broad and extensive experience in marine and aviation insurance coverage issues, claims and recovery actions across all product lines. 

We provide comprehensive legal support to domestic and international insurers in all spheres of shipping and aeronautical high-value claims for damaged cargo vessels or grounded aircraft, navigating complex salvage operations and regulatory inquiries. 

We have assisted insurers with policy drafting, compliance and product marketing, as well as devising optimal terms and conditions templates and customising these for insureds in light of recent consumer law amendments and unfair contract terms legislation.

We are at the forefront of key regulatory issues, often liaising with key regulators such as APRA and ASIC on behalf our clients. We play an active role in the industry as committee and board members of peak bodies and participate in legislative reform sub-committees’ submissions to stakeholders, industry bodies and government.

Property claims

We are experts on the Insurance Contracts Act 1984, first-party insurance principles and property claims. Our property lines indemnity expertise covers the field, from motor, home and travel insurance to ISR and contract works insurance. We are regularly instructed on complex and sensitive claims and highly consequential indemnity issues. We have, over many years, provided IDR/EDR support to major insurers and have an excellent track record of successfully defending litigated indemnity and property damage disputes.

Our highly experienced national team understand our client’s needs, from cost-effective and timely management of high-volume claims to the sensitive and strategic management required in response to catastrophic events or high-profile litigation. 

Recoveries 

Our insurance team collaborates with insurance companies to maximise recoveries. We bring legal expertise, a thorough understanding of the rights and obligations underlying insurance contracts, plus extensive expertise in litigation of complex matters, to ensure an effective recovery strategy. 

Class Actions 

Our class action and mass tort litigation team partners with insurers to develop strategic defence approaches while advancing the client’s best interests. We have been engaged in relation to numerous highly complex and sensitive class actions, including some of the largest and most complex class actions in Australian legal history.

When class action or mass tort litigation impacts thousands of people and attracts intense media scrutiny, we put reputational risk management at the forefront of our service delivery, while never departing from our focus on securing outstanding outcomes.

Personal Injury

When faced with a serious incident or personal injury claim, managing incident response, costs and minimising risk are top priorities for any insurance company. Our personal injury team offers comprehensive legal support and advice to navigate complex claims of this nature. 

We meticulously investigate claims to identify potential liability defences, manage medical records for accurate evaluation, negotiate settlements efficiently and reduce the risk of litigation. 

Allied Health and Medical Defence

Our allied health and medical malpractice team has extensive expertise in the health professions and care sector Australia-wide in a broad range of professional indemnity, public liability, product

liability and disciplinary claims.

As trusted advisors in the medical industry we have successfully defended claims against: 

• medical professionals, including general practitioners, surgeons, specialist practitioners and private and public hospital staff.
• allied health professionals, including dentists, pharmacists, radiologists, physiotherapists, podiatrists, chiropractors, psychologists and psychiatrists. 

We work on a multitude of legal matters including: 

• policy development and risk assessments
• coronial investigations and inquiries
• regulatory actions
• disciplinary investigations and proceedings led by AHPRA, HCCC and others
• government inquiries including Royal Commissions
• all types of clinical claims, including misdiagnoses, delayed treatment or surgical intervention, negligent treatment or surgery, failure to diagnose post-operative complications, failure to warn of material risks, medical trespass and battery, birth torts (including wrongful birth claims) and e-health.

Life, Accident and Health Insurance

The ever-changing landscape of life, accident and health insurance can leave insurers vulnerable to contested claims from ambiguous policy language, causing routine claims to spiral into costly disputes. 

Our legal specialists provide both front-end and back-end legal services to life insurers, friendly societies and their commercial partners. This includes claims services, product design and channel distribution, corporate and commercial work (including Part 9 schemes and FSTRA transfers), regulatory issues, reinsurance, employment and workplace practices.

We approach the defence of complex insurance disputes and provide advice on liability and indemnity issues with respect to group and individual policies. We meticulously investigate contested claims, ensure clear policy wording, navigate regulatory compliance and guide benefit design. 

Financial Lines 

We provide our clients with comprehensive advice on managing financial exposures. Our depth of experience acting as coverage, monitoring and defence counsel for the Australian and London insurance markets means we understand the nuances and importance of accurate and timely reporting to insurers and reinsurers.

Backed by a team of seasoned financial lines lawyers with deep insights into the intricacies of insurance regulations and industry trends (and supported by our financial services ‘front end’ team), we deliver tailored strategies that allow our clients to mitigate potential risks and make strategic and commercial sound decisions.

We prioritise working sensitively and collaboratively with insured clients and their insurers to protect reputations and commercial relationships. 

We offer expert legal advice on directors and officers insurance, professional liability insurance, errors and omissions insurance, cyber liability insurance, employee disputes, crime and other specialised policies. 

Financial Institutions and Fund Managers

The financial services industry operates in a highly regulated environment, exposing institutions and fund managers to a heightened risk of lawsuits and regulatory actions. 

We provide strategic advice to insurers in claims against financial institutions and fund managers, including acting as defence counsel for directors and officers in ASIC investigations, negligence claims and class action lawsuits.

Corporate

We provide a complete set of legal services to the general and life insurance sectors. Our expertise covers the corporate, commercial, regulatory and compliance issues that affect insurers, reinsurers, intermediaries, including underwriting agencies, and their distribution partners. We also advise private and public sector clients on insurance issues in their day-to-day operations. 

Professional Indemnity 

Our insurance lawyers have experience in the full spectrum of professional indemnity claims, having acted for insurance clients in these types of claims for more than three decades. 

Our resourcing and national capability enable us to effectively manage all types of professional indemnity claims, from cost-effective solutions for low value claims, to more complex multi-million-dollar multi-party litigation.

We have provided coverage advice and successfully defended hundreds of claims against a diverse range of professionals including:

• accountants
• solicitors
• barristers
• bookkeepers
• agronomists
• town planners
• construction professionals (including developers, builders, design and construction contractors, project managers, quantity surveyors, architects, engineers and certifiers)
• financial services professionals (including wealth management professionals, financial planners, mortgage brokers)
• valuers
• IT professionals
• insurance brokers
• real estate agents
• medical professionals (including general practitioners, surgeons, other specialist practitioners, private and public hospital staff)
• allied health professionals (including dentists, pharmacists, radiologists, physiotherapists, podiatrists, chiropractors, psychologist, psychiatrists).

Design and Construction Insurance

When things go wrong in the construction industry, mistakes can be very costly, so design and construction professional indemnity insurance is essential. 

We provide legal advice and counsel for insurance firms that cover architects, engineers, property developers, builders, design and construction contractors, project managers, surveyors and anyone else in the design and construction industry. Our insurance lawyers help with contract dispute resolution, construction defects and negligence claims, implementation of risk management procedures, and we litigate claims of professional liability, general liability and disputes over faulty workmanship. 

Statutory Insurance 

Statutory insurance claims, including workers’ compensation, require significant resources to investigate and recover. As a pre-eminent workers’ compensation practice, we are one of the only firms to act for all statutory schemes across Australia. Our lawyers have also been advising most of Australia’s well-known self-insurers for many years and private licensees in Comcare and in the Commonwealth seafarers scheme.

Our team of experts are also recognised as leaders in the specialised area of recovery under the Victorian, NSW, WA and Queensland workers’ compensation schemes. 

Our burgeoning national compulsory third party (CTP) practice advises on a diverse spectrum of risks from catastrophic personal injury claims to high volume recoveries. With dedicated state and territory based teams, we have a deep understanding of the technical aspects and nuances of the schemes in each jurisdiction. 

Disability Claims 

With demonstrated experience and capability advising on litigated and non-litigated disability claims and policy disputes, our team has acted for a number of life and disability insurers, underwriting agencies and trustees of superannuation funds in the areas of:

• Total and Permanent Disability (TPD) 
• Total and Temporary Disability (TTD)
• Trauma
• Income protection
• Group life
• Critical illness
• Death
• Personal accident and sickness
• Travel insurance.

Our policy interpretation advice is backed by an excellent knowledge of the Insurance Contracts Act 1984 (Cth), including drafting entire policies and PDS statements for clients.

Our team’s focus is on providing high-quality legal services through fully understanding developments in the evolving case law, responding to our insurer’s needs and providing reasoned strategic recommendations. We offer a unique combination of technical expertise, regulatory insight and commercial understanding through the multi-faceted experience of our team.