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.
Chair:
Alex Madry, Legal Counsel
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
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
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
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
11.00am to 11.15am Morning Tea
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Mr. Tim Chan ANZIIF CIP, Senior Associate, Norton Rose Fulbright Australia
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, insurance provisions in contracts and the development of new insurance products. 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 (Rising Star) and is an ANZIIF certified insurance professional.
Ms. Viv Braithwaite, Special Counsel, HWL Ebsworth Lawyers
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.
Mr. Keith Thomas, Litigation & Insurance Lawyer, Principal at Meridian Lawyer
Keith Thomas, Insurance & Litigation Lawyer, Principal at Meridian Lawyers Keith is an insurance lawyer with more than 30 years’ experience gained in Australia and the UK. He is recognised for his insurance expertise by domestic and international insurers operating in Australia. His clients include major insurers, principals, contractors, consultants and government agencies. He provides advice on the risks arising from indemnities, liability provisions and insurance clauses in contracts for the construction of buildings and infrastructure and related services. He also manages complex coverage disputes and third party liability claims across a variety of industries including building and construction, mining and resources and the energy sector.
Mr. Alex Madry, Legal Counsel, QBE Insurance
Alex is a financial services lawyer specialising in insurance based in Sydney. Alex is currently Legal Counsel at QBE Insurance, working in the Commercial Lines division, advising on legal and commercial issues across a diverse portfolio of products. Prior to this, Alex worked in a global private practice firm 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.
Mr. Raymond Giblett, Partner, Norton Rose Fulbright Australia
Ray Giblett is a partner in Norton Rose Fulbright’s Sydney office and an insurance lawyer with over 25 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, Ray is the Chair (Asia Pacific) of the AIDA Financial Lines & Cyber Working Party and the Editor of the Insurance Law Journal. Ray is also a member of the Australian Insurance Law Association (committee member), Australian Professional Indemnity Group and the Reinsurance Discussion Group.
