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Insurance

Gadens has specialised in insurance for over 40 years.  Gadens National Corporate Risk and Insurance Practice services major Australian and global insurers across all commercial and statutory insurance lines.  We develop innovative solutions to insurance and risk issues and provide expertise in insurance arrangements and risk allocation, identifying the key issues in both contentious and non‑contentious insurance matters. We also advise and represent insurers and self insureds in litigated matters and in alternative dispute resolution.
A leading insurance legal team
Our senior practitioners have between 15 and 30 years experience each and are among the most experienced insurance practitioners.  This depth of experience ensures that there is virtually no insurance challenge that our partners have not answered.  Our staff members have a range of industry experience and secondary qualifications, such as accounting, engineering, nursing and arbitrating/mediating.
Gadens works across the entire insurance lifecycle from acquiring insurance and claims advice and dispute handling.  We operate a disciplined value chain which focuses on costs and outcomes.
We use a purpose built practice management systems to comply with litigation management guidelines and to create a failsafe mechanism to manage claims and ensure compliance. 
Proven industry track record
We have a proven history of advising insurers, self‑insureds, brokers and underwriters, and some of our relationships with major insurers extend over 25 years.
We advise on agency and broker agreements; life insurance, superannuation and reinsurance documentation; policy drafting and interpretation; product development; regulation of insurance companies and intermediaries; risk management strategies, and taxation.
Our claims track record includes managing and resolving claims across all commercial insurance lines, including all forms of professional indemnity, property, business interruption, building and construction, marine aviation and motor, life and salary discontinuance, employment liability, fidelity, fraud, arson and insolvency.
Thought leadership
Our senior staff members are acknowledged as leaders in their field and are regularly called upon to speak at industry functions and author papers on insurance law.  All members of our team are active participants in the insurance industry, belonging to relevant insurance industry associations and  committees.
Specific team members have experience in lecturing and course development for the University of New South Wales Masters Program.  Team members have an annual speaking role for the ANZIIF and AILA General Insurance Law Review events in New South Wales and Queensland.
Experience
  • Advising multiple clients in connection with property damage and business interruption claims arising out of the 2010-2011 Christchurch earthquakes, advising on unique issues and cross border complexities relating to the application of deductibles, aggregation and recoverable loss amounting to hundreds of millions of dollars
  • Acting for Aquatec-Maxcon and its insurer in relation to claims in the Supreme Court of Victoria for professional negligence and other claims in relation to a waste water treatment plant near Geelong.
  • Acting in relation to claims in connection with the HIH liquidation, representing one of the largest creditors with claims exceeding US$60M,
  • Acting for insurers and corporate clients in agricultural loss claims ranging from crop destruction and disease outbreaks in which damages claimed ranged from $500,000 to $10 million.
  • Advising and representing insurers and self‑insureds in litigated multimillion dollar claims, including claims involving catastrophic and fatal injuries.
  • Advising multiple clients in connection with 2011 Japan earthquake and tsunami and related nuclear radiation issues.
  • Advising a major Australian bank on submissions to Treasury in respect of flood insurance reform.
  • Advising on, and drafting documentation for, a revolutionary new credit card insurance offering involving complex issues of insurance and compliance.  Numerous stakeholders including the Bank, life insurers, general insurers and reinsurers were involved.
  • Acting in relation to multimillion dollar mining, engineering and construction claims including components of business interruption, property damage and/or death.
  • Acting in relation to multimillion dollar claims for losses by multiple investors and/or claims against financial advisers and/or valuers.

 


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