Liam is an accomplished and determined litigator with an excellent eye for detail and an exceptional track record in obtaining successful outcomes for his insurer clients. Liam is trusted and respected by his clients for his ability to efficiently process complex factual evidence and voluminous documentation and provide prompt advice that is clear, concise and sensitive to his client’s commercial and strategic interests.
Liam has particular expertise in representing and advising insurers in relation to indemnity disputes and insurance fraud, complex litigation including class actions, public and product liability and professional indemnity claims.
Insurance fraud, indemnity disputes and non-disclosure
- Liam has an excellent track record in representing insurers in litigated and Financial Ombudsman Services disputes relating to fraudulent insurance claims and other indemnity disputes including:
- Successfully defending insurers in proceedings brought by insureds relating to staged motor vehicle collisions. On four separate occasions Liam has uncovered evidence through subpoenas and other Court procedures that have either established connections between the relevant parties or proven that third party claimants did not exist. On all four occasions the insureds abandoned their claims and paid the insurer’s costs.
- Acting for an insurer in County Court proceedings relating to a home contents insurance claim for approximately $250,000 of allegedly stolen contents. During the course of the proceeding, Liam uncovered evidence that the plaintiff had fraudulently tampered with receipts in an effort to obscure the dates of purchase so as to claim for items that had been purchased after the alleged theft. When this evidence was revealed to the plaintiff, the plaintiff abandoned his claim, resulting in a significant saving to the insurer;
- Advising an insurer in relation to complex indemnity and non-disclosure issues arising from a series of similar claims made under a Crime and Industrial Special Risks policy. On Liam’s advice, the insurer was able to avoid payment of a number of claims, resulting in a saving to the insurer of over $800,000.
- Acting on behalf of an insurer with respect to a number of litigated claims and disputes before the Financial Ombudsman Service arising from manufactured ‘hail damage’ claims. On each occasion, the insurer relied on evidence that a proportion of the damage was not caused by hail and had, in fact, been intentionally inflicted. Liam successfully defended all five of the litigated claims and the vast majority of the claims before FOS;
Professional indemnity, public liability, product liability and large loss recoveries
- Liam has significant experience in representing insurers in relation to professional indemnity and public liability claims as well as large loss recoveries including:
- Acting on behalf of an insured in a personal injury and property damage claim, in which Liam uncovered evidence in relation to the plaintiff’s companies that discredited an economic loss claim of over $2 million. As a result of this, in a negotiated outcome with the plaintiff and the other defendants, Liam’s insurer client contributed approximately 3% of the amount being claimed by the plaintiff.
- Acting in a $3 million multi-party personal injury claim in the Supreme Court of Victoria, which culminated in successful negotiation with the plaintiff for the claim against the insured to be withdrawn.
- Successfully obtaining summary judgment against a plaintiff who issued Supreme Court proceedings for personal injuries against the owner of the building in which the plaintiff’s company (of which the plaintiff was a director and employee) operated its business.
- Acting in a large loss recovery in the Supreme Court of Victoria related to property damage and business interruption losses arising from a bushfire that destroyed private assets, which led to the achievement of an almost full recovery of the subrogated loss.
- Representing professional indemnity insurers in relation to negligence claims made against various professionals including engineers, marine surveyors and valuers.