Madelyne Inch

Senior Associate

Qualifications: LLB, LLM

Industries

Practices

Madelyne practices as an insurance litigation lawyer. She predominantly acts on behalf of national and international insurers in professional negligence claims and coverage disputes.

With many years dedicated specifically to professional indemnity insurance, Madelyne has defended claims on behalf of solicitors, barristers, accountants, engineers, architects, financial advisors, licensed conveyancers and valuers in both the Queensland and UK jurisdictions.

She also regularly advises insurers on large value and complex indemnity disputes.

Experience

  • Providing advice to insurers regarding the applicability of a professional indemnity policy to a building certifier. The policy covered personal injury and property damage caused as a result of the insured’s negligence. The cover advice considered the discrete difference between pure financial loss and property damage in circumstances where the insured’s negligence was not causative of the property damage.
  • Acting for an insurer in relation to a claim made pursuant to an industrial special risks policy issued in respect of a large unfinished shopping centre development. Cover was declined by insurers and the insured commenced proceedings for in excess of $7 million. The matter was resolved favourably for insurers a week out from a seven-day trial.
  • Acting for insurers in relation to a $55 million indemnity dispute. The insured made a claim on its insurance policy in relation to damage to a piece of plant equipment. Insurers undertook repairs to the machine to return it to its pre-incident condition. The insured commenced proceedings on the basis the machine was irrepairable and should have been replaced. There were five active parties in the Supreme Court proceedings. The matter involved complex issues surrounding policy interpretation and insurers’ obligations under a repair contract. The matter was resolved favourably for insurers on the third day of an eight-week trial.
  • Defending a claim against solicitors who were accused of negligently conducting litigation. The claim involved detailed consideration of legal principles relating to loss of chance and issues relating to causation and quantum.
  • Advising UK insurers about a policy’s mitigation clause. Once the mitigation works were completed, Madelyne had carriage of the subsequent recovery proceedings which related to the negligent design and installation of a fire alarm system valued at over a quarter of a million pounds in a predominant London hospital. The advice provided to insurers included various contractual, tortious and statutory causes of action.
  • Assisting in the defence of a claim made against a civil engineering firm valued at over £5 million in relation to the design and construction of two bridges in north London. The early identification and analysis of a contractual limitation of liability clause meant that insurers were able to limit their liability and resolve the matter before substantial legal costs were incurred.
  • Defending a solicitor against a claim pleaded at over $20 million relating to the sale of property to a mining company. The claim involved complex issues about agronomy that impacted causation and quantum.
  • Advising Lloyd’s Underwriters about the alleged failure of flood mitigation technology. The advice included analysis of the policy’s application including the policy’s aggregation clause, issues relating to significant consequential losses, and how the policy distinguished between professional services and product liability.

Latest thinking

Insurance | 7 Jun 2022

Make your offers count! The Supreme Court of Queensland revisits the principles relating to compliant UCPR and Calderbank offers

The Supreme Court of Queensland has recently re-examined the principles that will enliven a costs award following the provision of a formal offer.