Toniel’s practice focuses on general insurance advice and litigation. She manages complex and varied matters for a number of high profile insurers and private clients.
Toniel advises her clients on public and product liability, policy interpretation and indemnity disputes, property damage claims, and recoveries and insurance fraud.
Toniel also has experience acting in general commercial litigation matters, including contract, insolvency and construction disputes.
Toniel is highly regarded for her attention to detail and ability to understand complex disputes. She is quick to grasp difficult concepts and excels in disputes involving complex fact scenarios and technical issues.
Toniel has an excellent track record in litigated disputes and very high success rate in disputes before the Financial Ombudsman Service. She understands that matters should be resolved expeditiously and has also obtained many favourable settlements.
- Defended a public liability claim against an insured arising from an assault at a public sporting event. The claim was defended on the basis that the assault occurred outside the grounds occupied by the insured and thus it was not liable for the plaintiff’s injuries. The claim was settled for a nominal sum, saving the insurer in excess of $300,000.
- Defended a complex construction dispute regarding damage to a sewer main sustained during the construction of a house. Toniel identified that the damage occurred because the sewer was located outside the relevant easement and the house had been built on the wrong footprint due to an incorrect survey. Multiple parties and experts were involved and the mattered settled for a substantially reduced sum, with all other parties contributing to the settlement.
- Defended an insurer in a claim for indemnity for damage sustained in a motor vehicle collision. Toniel identified that the pattern of damage to the vehicles was inconsistent and uncovered a significant amount of other evidence which established fraud. The claim against the insurer was dismissed and costs were awarded in favour of the insurer.
- Significant expertise and experience advising a leading insurer in relation to indemnity disputes before the Financial Ombudsman Service, including fraudulent claims, policy exclusions and disputes arising out of the Queensland floods. Toniel has assisted the insurer to prepare notices of response and further submissions and has successfully defended the vast majority of disputes.