Professional indemnity

DibbsBarker has a senior team of insurance lawyers who specialise in professional indemnity and Directors and Officers (D&O) insurance claims management. We can assemble cross-jurisdictional and cross-specialty legal teams swiftly where required, and are well-resourced to manage large, urgent matters.

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 regularly advise our insurer clients on coverage issues including:

  • the implications of partly insured claims and burning 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:

  • financial advisers

  • accountants and insolvency practitioners

  • design and construction contractors

  • engineers

  • solicitors

  • information technology professionals

  • directors and officers of companies and associations

  • local authorities

  • stockbrokers and insurance brokers

  • real estate agents and valuers

  • educational institutions.

Credentials

ASIC prosecution: We successfully defended an insurer’s refusal of indemnity for fraud in A&D Douglas & ors v Lawyers Private Mortgages Pty Ltd & ors, at trial and on appeal. This case was prosecuted by ASIC on behalf of investors in a failed investment scheme. The trial ran for five weeks in the Federal Court, setting a precedent for the resolution of four subsequent large, litigation-funded investment scheme cases.

Major infrastructure claim: We successfully recovered losses that our client, a windmill turbine design company, incurred when the project they had tendered for suffered a pricing blow-out through errors on the part of the subcontractor responsible for the interpretation of technical specifications. The settlement was achieved through pre-litigation negotiations between the underwriters’ representatives, after mounting a forceful claim supported by expert evidence.

Civil engineer claim: We acted for consulting engineers engaged to design and construct a post tensioned concrete slab for a retail centre in regional Queensland. The claim, which was potentially underinsured, was resolved at mediation to the satisfaction of both the insurer and the insured.

Financial Ombudsman claim: We acted for an insured in a series of claims before the Financial Ombudsman and associated complaints to the Financial Planners Association, having determined that they fell for cover under the Inquiry Costs extension in a policy.

Coverage dispute: We defended a coverage dispute under a Superannuation Trustees Liability policy arising from an ASIC recovery action prosecuted on behalf of the beneficiaries of an industry superannuation fund.

Contacts
Partner
T +61 7 3100 5108
 
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