Insurance Law Fundamentals: A Guide for Non-Specialists
This practical half day will guide you through the fundamentals of insurance law, including how to read insurance policies, draft limitation of liability clauses and the regulation of insurance products. Examine the traps that catch clients out and the latest indemnity disputes. For lawyers who need to know these issues but don’t specialise in insurance law, this is one seminar you don’t want to miss. WEB216V09
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Matthew Ellis, Partner, Norton Rose Fulbright; Best Lawyers 2021, Insurance Law
2.00pm to 2.05pm Opening Comments by the Chair
2.05pm to 2.50pm Understanding Insurance Policies
- Key types of insurance policies
- Policy wordings, schedules, endorsements and extensions
- How to determine cover
- Insurance policies in action
Presented by Natasha Stojanovich, Partner, Lander & Rogers; Best Lawyers 2021, Construction/Infrastructure Law and Insurance Law
2.50pm to 3.35pm Hard Market Workshop: Analysing Insurance Coverage and Drafting Limitation of Liability Clauses that Work
- How to analyse policy coverage
- Aligning exclusions to limitation of liability clauses
- Explaining opaque industry terms like “cross liabilities clause,’ ‘for respective rights and interests’ and ‘ named insured’
- What to do when your client can’t find the required insurance
- Particular problems caused by COVID-19
Presented by David Leggatt, Principal, Coterminous Legal; Accredited Specialist in Commercial Litigation; Best Lawyers 2021, Insurance Law; Recommended Professional Indemnity Lawyer, Doyle’s Guide 2019
3.35pm to 3.50pm Afternoon Break
3.50pm to 4.35pm Regulation of Insurance Products
Discussion of current significant regulatory issues relevant to insurance arising from the Financial Services Royal Commission and recent government reform.
Presented by Mark Radford, Principal Solicitor, Radford Lawyers; Best Lawyers 2021, Insurance Law and Regulatory Practice
4.35pm to 5.15pm Indemnity Disputes: The Common Issues
- Discuss common issues that arise in indemnity disputes including:
- The insured’s duty of co-operation
- The limits of the insurer’s right to gather information
- The practical implications of the duty of utmost good faith
- Examine provisions of the Insurance Contracts Act 1984 that may assist an insured in an indemnity disputes
Presented by Nawaar Hassan, Barrister, Foley’s List; Nationally Accredited Mediator
Presenters
Matthew Ellis, Partner, Norton Rose Fulbright
Matt Ellis is an insurance lawyer based in Melbourne. Matt advises the insurance sector in both non-contentious and contentious matters, including in respect of corporate transactions, commercial contracting, distribution, regulation, reinsurance and disputes. He acts for local and London market insurers in professional indemnity, D&O, liability, and property disputes. He is also co-head of the cyber insurance practice. Matt advises insurers and intermediaries on conduct and prudential regulatory matters, distribution, disclosure obligations, policy and treaty wordings, financial services and regulatory enforcement. He has extensive knowledge of the sector across general, life and health insurance, and a deep understanding of all facets of the conduct of insurance business.
Natasha Stojanovich, Partner, Lander & Rogers
Natasha is an experienced litigator, with a particular focus on insurance and construction disputes. Natasha handles complex disputes involving construction professionals. Over the years, she has acted for numerous architects, engineers and building surveyors as well as property valuers and real estate agents. She has also acted for local councils, government departments and various statutory authorities and has extensive experience defending professional indemnity claims against councils. Natasha has extensive experience in claims involving non-compliant building products, including flammable cladding. Natasha has considerable experience handling litigation in the Federal, Supreme and County Courts, as well at VCAT. She also has experience in class action litigation. Natasha is a proficient public speaker. She regularly delivers in-house training for her clients, as well as speaking at conferences and other industry events. Natasha was recently recognised in the 2019 Legal 500 rankings in the category of insurance. She has also been recognised in Best Lawyers in Australia for her expertise in Construction / Infrastructure Law and Insurance Law.
David Leggatt, Principal, Coterminous Legal
After 29 happy years, David left DLA Piper on 1 May 2019. He is now running his own law firm, Coterminous Legal, and also pursuing business opportunities with a range of trusted and valued clients. David is recognised in Best Lawyers as one of the leading insurance and dispute resolution lawyers in Australia. He is an accredited specialist in commercial litigation and has sold about 50,000 hours of legal time over the last 29 years, mainly in dispute resolution, but with a niche "front end" specialty in negotiating insurance and indemnity clauses in all sorts of commercial contracts. David has particular expertise in: Shareholder disputes; Litigated claims/disciplinary hearings involving health professionals; Class actions; Director's and officer's liability and defamation law; and Defence and prosecution of professional negligence claims. David continues to remain heavily involved in pro bono work, with a focus on all legal matters relating to the management of consumers of mental health services and their Carers.
Mark Radford, Principal Solicitor, Radford Lawyers
Mark is a Lawyer with over 30 years’ experience in insurance and financial services law. Mark advises the insurance industry (insurers, reinsurers, insurance agents, brokers) on the many legal issues affecting the operation of their businesses. This includes policy drafting and interpretation and regulatory compliance in relation to the complex legislation affecting insurance. Mark also assists clients (including corporate) on complex insurance disputes. Mark also advises industry associations such as NIBA and the ICA on legal issues affecting members and regularly deals with Treasury and regulators such as ASIC and APRA. Mark is acknowledged in The Best Lawyers in Australia© 2021 in the fields of Insurance Law and Regulatory Practice, WWL: Insurance & Reinsurance 2020, Chambers Asia 2020 Insurance and the Insurance and Reinsurance Expert Guide 2020 and 2020 International Advisory Experts award. Mark was a contributor to Sutton Insurance law on Intermediaries and regulation, has provided presentations for Australia in a number of AIDA international conferences and at the NIBA Annual conventions and been a guest lecturer at Sydney University for insurance law. He is also on the Editorial Board of the Lexis Nexis Financial Services Newsletter.
Nawaar Hassan, Barrister, Foley’s List; Nationally Accredited Mediator
Nawaar has specialist expertise in insurance law. She acts both for insurers and insureds in indemnity disputes, defence of claims and subrogated recovery. She regularly acts in matters involving avoidance for alleged non-disclosure and alleged fraudulent claims in both general and life insurance. Nawaar has experience across the field of general insurance including: Professional indemnity insurance, building and property insurance, business interruption insurance, public liability insurance, owners corporation and strata insurance. Before coming to the Bar Nawaar worked as the Associate to Justice Cavanough of the Supreme Court of Victoria and to Judge Taft of the County Court of Victoria.