Insurance

We maintain a specialist CTP insurance team with hands on partner involvement. The partners have worked together now for almost 20 years and have developed the expertise to deal with complex claims and have the resources and systems to handle a large volume of matters.

Our team of experts, who have made their career in insurance, are in tune with the industry and have broad experience in the NSW and QLD Schemes. The partners have worked through the Scheme’s many changes. Our team comprises seasoned advocates which provides further accountability for results and cost savings as the need to brief counsel is obviated in many matters. As one of our partners is a CARS Assessor, we are able to share the current insights at MAA and understand why and how the Scheme may change in the future.

With the large volume of matters inherent with CTP which range from the relatively simple, through to fraud and catastrophic. Our team has developed processes to work quickly and cost efficiently. As soon as files come in they are categorized and allocated by a Partner, to the appropriate team member. From this point on the progress of all claims are logged on Claimlink, Holman Webb’s online management reporting tool.

Our dispute resolution process for claims is called Dispute Solutions which is a process for categorising claims into those which are:

• Suitable for early resolution including our 90 day Settlement Conference program and Issues program; or,
• Vigorously defended to Court hearing.

We provide advice to our general and specialist insurer clients, including advice on indemnity issues, fraudulent claims, liability issues, policy wording and other contractual documents and general insurance. The group also acts for insurers and their insured’s in all matters including liability claims, recovery claims, general insurance disputes and disputes between insurers.

Business Practices

Holman Webb acts for Insurers and their Insured’s in relation to claims arising under these policies, in particular issues and representation surrounding Defence Costs Indemnity, Liability to Statutory Authorities and, in conjunction with our Workplace Relations Team (hyperlink to Practice Group) for Employers in respect of claims for unfair dismissal and other wrongful employment practices.

ISR (Industrial Special Risk)

Holman Webb has extensive experience acting in claims involving ISR policies including property damage, fire, theft and business interruption and in dealing with the complexities often associated with these claims.

We have acted for Insurers and Insureds in large and complex property damage claims.

Medical Indemnity

We have an experienced team of lawyers who handle medical indemnity litigation and disciplinary matters on behalf of health practitioners including registered medical practitioners. Our team handles a broad range of claims including catastrophic claims, and specialises in:

• medical indemnity
• claims made in negligence and breach of contract,
• multi-party disputes
• discrimination claims made by patients, and by practitioners
• defamation claims from assertions being published, and in written complaints to Medical Councils.
• acting for health practitioners in coronial enquiries.
• Disciplinary

Our disciplinary work for health practitioners covers all possible areas. We have extensive expertise in the full range of disciplinary proceedings including:

• Research
• Allegations of professional misconduct or unsatisfactory conduct, defending proceedings brought by regulatory authorities
• Acting for practitioners in performance assessment instituted by regulatory authorities
• Medical negligence, defending claims where the patient has suffered injury
• Medical student cover – covering university actions against students, and disciplinary processes within universities and hospitals.

We work closely with the health practitioners involved in these matters and pride ourselves on our personalised, pro-active and communicative approach. All our medical indemnity and disciplinary matters are dealt with personally by senior lawyers with extensive experience.

Claims against professionals can have consequences on their professional reputation and are taken very seriously. At Holman Webb we also respect that a professional’s time is very valuable and so ensure that demands on that time are kept to essential matters and then as efficiently as possible.

Holman Webb’s insurance legal services extend to a broad spectrum of professionals against whom allegations are made, including: accountants; estate agents; engineers, architects, surveyors; financial and insurance brokers, financial planners/advisors, lawyers, real estate agents and builders.

As well Holman Webb provides legal services for the specialist insurance area of directors’ and officers’ liability.

We advise insurers on policy interpretation, whether the policy in question covers the claim before it or not and the applicability of exclusion clauses. We advise on issues of indemnity, dual insurance, liability, contractual indemnities and insurance obligations, contribution/recovery and quantum. Our experienced team of specialist lawyers manage these claims on behalf of insurers, self insured clients and brokers and have extensive experience in managing a broad range of public and products liability claims. We pride ourselves on working closely with our clients, are proactive and focus on achieving a prompt commercial and cost effective outcome.

We have experience across a wide range of jurisdictions in managing the following:

• Personal injury claims.
• Property damage claims.
• Products liability claims.
• Compensation to Relatives claims
• Policy coverage/indemnity disputes.
• Coronial Inquests.

Our experience in recovery work for insurers ranges from conducting complex, multi-party litigation involving varied causes of action, to managing high volume, fast turnaround small debt recoveries arising from motor vehicle accidents and other small-scale damage to insured property.

We have successfully run cases involving product liability claims pursuant to manufacture and sale of goods legislation (Trade Practices Act, Fair Trading Act and Sale of Goods Act), negligence, breach of contract (including reliance on indemnity and exclusion clauses in residential and commercial leases), deliberate acts such as trespass, theft and conversion, malicious acts such as vandalism and arson, nuisance, breach of bailment terms and breach of statutory duty. We are conscious of the need to control costs in these matters to ensure a profitable net recovery for insurers and we periodically review all recovery files with regular status updates to clients including updated advice on the prospects of success, accounting for an analysis of the risks and benefits and legal costs involved as the individual matters proceed.

We assist our insurer clients to manage recovery actions where both insured and uninsured losses are claimed and we identify and advise insurers early, on potential indemnity and subrogation issues.

Holman Webb has refined our data recording systems such that we have facilities to provide statistical analysis on recovery costs and outcomes in order for us to provide insurance recovery clients with guidance to assist with budgeting and resource allocation.

With a focus on achieving the best net result for our insurance recovery clients, we will follow a recovery matter through from initial letter of demand to enforcement and we have successfully recovered funds after achieving judgments and initiating bankruptcy and corporate winding up proceedings and Sheriff seizure of debtor's assets.

For organisations that provide insurance products designed specifically for the sporting industry, Holman Webb offers a team of sport insurance specialists that can manage all types of claims along the Eastern Seaboard.

Holman Webb also provides insurers with online access to claim progress reporting via a purpose built claims management and reporting system, Claimlink.

• Personal accident insurance
• Early dispute resolution tailored for sports injury claims
• Contract insurance for professional athletes
• Business insurance
• Contingency insurance
• Property insurance
• Public and Product Liability
• Employment practices including wrongful dismissal
• Professional indemnity (including coaches, referees/umpires and match officials)
• Directors and officers liability / association liability
• Voluntary workers

Professional Misconduct and Innappropriate Prescribing - Medical Board of Australia v Saykao
31-Aug-2011

Zara Officer, Special Counsel
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Medical Experts - Liability as Expert Witnesses
31-Aug-2011

Bruce Cussen, Partner and Vahini Chetty, Solicitor
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No Equitable Contribution
30-Aug-2011

Bruce Cussen, Partner
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Changes to Trade Practices Legislation and its Relevance to Insurance Claims
25-Aug-2011

Joanne Yates, Senior Associate and Peter Bennett, Special Counsel
Read More