Insurance Contracts and Claims
As the industry faces escalating prices, reduced coverage, and increasing claims, equip yourself with the knowledge and readiness required when handling and interpreting: insurance contracts, the new Unfair Contracts regime, disclosure and denial of claims, quantum disputes and dispute resolution, and AI in insurance contracts. Ensure your pivotal role in providing strategic counsel to inhouse and external clients. WEB2310N15Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Alex Madry, Legal Counsel
9.00am to 10.00am Is Insurance All That it Seems? The Latest Changes Affecting Interpretation of Insurance Contracts
- Interpreting insurance contracts: Some general principles
- Challenging times for unfair contract terms from November 2023
- In utmost good faith we trust: The latest cases defining this important duty
- Red pill, blue pill: How courts have construed the dual role of insurer-appointed lawyers
- Following the yellow brick road: Do all roads lead to estoppel? Some tips for advising on insurance claims
Presented by Raymond Giblett, Partner, Norton Rose Fulbright Australia and Tim Chan ANZIIF CIP, Senior Associate, Norton Rose Fulbright Australia, Rising Star Insurance, Legal 500 Asia Pacific 2022
10.00am to 11.00am Pre-contractual Disclosure Obligations and Claims Denial: Risk Assessment and Fair Claim Evaluation
Navigate the case law surrounding non-disclosure and misrepresentation and gain some key takeaway points for insureds when applying for insurance and insurers when considering whether to decline a claim for non-disclosure or misrepresentation. You will walk away with the law, tips, traps and practical implications on 4 areas of current concern in Insurance law:
- The disclosure obligations owed by an insured to an insurer prior to entering into a contract of insurance. This includes obligations:
- In response to an insurer's specific request as part of an insurance application renewal process
- Under the Insurance Contracts Act 1984 (CTH)
- The hurdles an insurer must overcome and issues it must address if it intends to deny a claim for non-disclosure or misrepresentation
Presented by Viv Braithwaite, Special Counsel, HWL Ebsworth Lawyers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Quantum Disputes and Dispute Resolution
Elevate your expertise and advance your insurance-related dispute resolution capabilities by:
- Exploring efficient dispute resolution techniques specifically designed for insurance contracts
- Gaining familiarity with a range of conflict resolution methods, ensuring smoother claim settlements and minimized litigation costs
- Developing valuable skills in handling quantum disputes
Presented by Keith Thomas, Litigation & Insurance Lawyer, Principal at Meridian Lawyers
12.15pm to 1.15pm The Application of Artificial Intelligence to Insurance Industry
- Understand why AI is getting so much attention and what regulators are doing about it
- What is AI?
- The ethical and legal considerations for the insurance industry
- Regulatory outlook for AI in Australia and across the world
Presented by Tim Chan ANZIIF CIP, Senior Associate, Norton Rose Fulbright Australia, Rising Star Insurance, Legal 500 Asia Pacific 2022
Presenters
Alex Madry
Alex is a financial services lawyer based in Sydney, specialising in Insurance. He has worked in private practice in Norton Rose Fulbright's insurance practice, and in several in-house roles, advising on contentious and non-contentious matters, assisting clients across the full spectrum of financial services issues including regulatory compliance, product distribution, complex litigation, and major transactions. Alex has also authored several articles and papers focusing on insurance law, including for the Australian Insurance Law Bulletin and Australian Insurance Law Association.
Raymond Giblett
Ray Giblett is a partner in Norton Rose Fulbright’s Sydney office and an insurance lawyer with over 20 years' experience. Ray is recognised as one of Australia's leading insurance lawyers in Chambers Asia Pacific, Legal 500, Best Lawyers (2013 Sydney Insurance Lawyer of the Year) and Euromoney's guide to the World's Leading Insurance and Reinsurance Lawyers. He is known for both his expertise and commerciality. Ray has extensive experience in both non-contentious and contentious insurance matters, advising across the full spectrum of insurance issues ranging from major transactions, distribution, compliance and complex reinsurance structures to some of Australia's largest insurance and reinsurance disputes. Ray's advice is regularly sought by domestic and international clients. Insurers (life and general), reinsurers, banks, government and major local and foreign corporations appreciate Ray's strong grasp of the technical, legal and commercial aspects of every matter, and how he applies this knowledge to develop the most appropriate strategy. Ray's authentic and client centric approach involves working closely with clients to achieve commercial solutions and he is passionate about proactive innovation to help clients realise their desired outcomes. Ray regularly deals with ASIC and APRA in the context of regulatory issues and is a member of the Australian Insurance Law Association (committee member), Australian Professional Indemnity Group and the Reinsurance Discussion Group. He is admitted to practice in all State Courts in Australia, the Federal Court and the High Court of Australia.
Viv Braithwaite
Viv is an insurance and litigation specialist with extensive experience across various areas of insurance law in both defence and coverage capacities. Viv specialises in advising international and domestic underwriters on complex, and often highly publicised, indemnity and liability issues in relation to directors’ and officers’, professional indemnity, industrial special risks and general liability and indemnity policies. Viv regularly acts as defence counsel for insurers in indemnity disputes as well as for insureds and corporate clients in matters involving professional indemnity claims, directors’ & officers’ liability, financial disputes, property damage, construction, product liability and fraud. Viv also undertakes subrogated recoveries in all jurisdictions.
Tim Chan ANZIIF CIP
Tim Chan is a corporate risk and insurance lawyer based in Sydney. He works with corporates, banks, insurers and new ventures on risk allocation and insurance issues, including for major infrastructure projects. He regularly advises companies and boards on the adequacy of their insurance cover and the development of new insurance products. He has also worked in-house at two global insurance companies, responsible for claims and regulatory compliance. Tim regularly acts for policyholders and insurers in relation to large scale or complex insurance claims. Tim is a recommended lawyer for insurance in The Legal 500 Asia Pacific and is an ANZIIF certified insurance professional.
Keith Thomas
Keith is an insurance litigator with more than 30 years’ experience gained in Australia and the UK. His practice is focused on the resolution of property claims and in the areas of professional indemnity, directors’ and officers’ liability, management liability, public liability, life insurance and other personal lines. He is recognised for his insurance expertise in domestic and international markets. Keith’s clients include insurers as well as self-insured corporations and government agencies. He is instructed by them to manage a range of complex claims and disputes across a broad spectrum of sectors, including financial services, property, building and construction and mining and resources. He also provides advice on indemnity and insurance provisions in contractual arrangements.