DibbsBarker has a team of insurance lawyers who specialises in professional indemnity insurance claims management. The team is renowned for our client-centric service approach, combining insightful creativity with compliance, policy and procedure. Our legal services are underpinned by strong working relationships both internally and externally. Clients benefit from close collaboration with our corporate governance colleagues, as well as our employment law colleagues in the defence of employment practices' liability claims.
We advise our insurer clients on coverage issues including:
- the implications of partly insured claims and limits of cover
- late notification and quantification of prejudice to an insurer
- non-disclosure and misrepresentation in proposals for cover
- dual insurance
- interpretation of policy terms, conditions and exclusions
- subrogated recovery claims.
Members of our team have acted as coverage advisers and cumis counsel in claims against insureds from a broad range of professions including:
- design, building and construction contractors
- local authorities
- real estate agents and valuers
- strata management plans
- educational institutions.
Our experience includes acting for an insurer of:
- an engineer who designed a hydraulic system for a truck which failed
- a geotechnical engineer who made recommendations regarding the construction of a concrete slab which failed where a tree had been removed underneath it
- a construction company whose excavation allegedly caused significant land slippage and damage to an adjacent property
- a strata management company accused of breach of contract and negligence in the performance of its duties at a large mixed development building (comprising of four lots - residential, commercial, retail and car park) with damages of up to $1.4 million sought
- a design consultant company in relation to alleged faulty design and implementation of an air-conditioning system causing an estimated $5 million in rectification costs in a state-of-the-art building
- a company (manufacturer/importer of processing equipment) in relation to allegations of misleading and deceptive conduct on representations made about performance and capability of a roller mill capable of kibbling whole soy beans
- a company (owner of a mine) regarding a major fire at the mine causing significant property damage, machinery breakdown and business interruption of an estimated $42 million
- a strata management company in relation to allegations of negligence, oppression or fraud in the minority by a member of the owners corporation who has also named the owners corporation as a defendant
- an architect in relation to allegations of failure to design a demountable in accordance with the Australian Standards for fire safety
- a structural engineer in relation to allegations of inadequate design of concrete slab above a car park of a multi-storey building which collapsed.