Banner Lisa Newcombe

Insurance

For over 60 years, Lander & Rogers has provided outstanding legal services to Australian and international insurers.

As a result of our long-standing relationships and our deep knowledge of the insurance industry, we are recognised as the premier Insurance Law & Litigation practice in Australia. We partner with our clients to achieve their desired outcomes - whether that is through identifying early settlement opportunities or prosecuting proceedings through appeals.

With more than 70 specialist insurance lawyers we have the ability to appropriately resource every litigated claim.

Our team, which is based across Melbourne, Sydney and Brisbane, is widely known for being down to earth, genuine and commercial. We build meaningful, long-term relationships with each other and our clients.

Many of our team are recognised by Doyle's Guide, Best Lawyer publications and Chambers Asia Pacific. Clients say about us:

“… their insurance team is second to none. The breadth of knowledge of their Partners and Solicitors enables them to provide comprehensive advice across all lines of insurance. They truly are insurance specialists. They are focused on obtaining the best commercial result for each matter and are willing to explore different methods of billing to provide the best value for their services. Their staff are all very friendly and easy to deal with…. I would not hesitate in recommending their services to any Insurer.” - Major Loss Examiner, April 2016

Our services

Class actions

We are the leading insurance lawyers in Australian class actions, acting for the lead insurers in:

  • GIO
  • Aristocrat
  • Media World
  • ANZ/Opes Prime
  • MFS/Octaviar
  • Timbercorp
  • ION
  • Oz Minerals
  • Babcock & Brown
  • Grant Thornton

We have been involved in large scale fishing, crop and agriculture failures. We also acted for the plaintiffs in Longford, the defendant in Concept Sports, and represented the first defendant in the Australian Olives litigation.

Directors' & Officers' (D&O) liability

We have developed Australia's pre-eminent D&O insurance practice providing coverage advice, acting as monitoring counsel, conducting the defence of claims and dealing with ASIC investigations.

We currently act in most of the major D&O claims in Australia, including ION, Octaviar, Timbercorp, Allco, Babcock & Brown, Media World and AWB. Our previous experience includes advising the lead underwriter in Australia's first securities class actions, GIO and Aristocrat.

We are experienced in managing the complexities of D&O claims, including:

  • multiple insured party conflicts
  • excess layers and association protocols
  • defendant strategy
  • close liaison with defendant lawyers

Employment Practices Liability & WHS claims

Lander & Rogers is highly regarded for its expertise in employment, anti-discrimination, industrial relations and safety law, which allows us to provide our insurer clients with a unique Employment Practices Liability (EPL) and Work Health & Safety (WH&S) service offering.

Our team comprises lawyers from across our Insurance and Workplace Relations & Safety practices, which means we are well placed to effectively manage the best interests of our insurer clients and their insureds.

EPL

Our EPL team advises extensively on coverage and litigated matters. EPL claims can be highly emotional and require careful management to ensure minimum disruption in the workplace. Our work in this area involves advising on and acting in claims for:

  • unfair dismissal
  • breaches of the general protections under the Fair Work Act (adverse action)
  • unlawful termination
  • workplace bullying
  • discrimination and harassment

We regularly appear in all jurisdictions including the High Court, Federal Court, Federal Circuit Court, Fair Work Commission, Supreme Courts, County Courts, Magistrates Courts, Anti-Discrimination Boards, Commissions and Tribunals.

WHS

We also provide advice, support and litigation services in relation to all aspects of WHS claims, including:

  • reviewing and improving clients' health and safety systems and workplace governance in relation to achieving compliance or industry best practice
  • advising on improved management of personal safety obligations of board members, executives and senior managers
  • providing immediate assistance following a workplace incident, to help clients manage interactions with the regulator and other investigating agencies to effectively protect their legal interests
  • representing clients in all legal proceedings including prosecutions, administrative reviews and coronial inquests following workplace incidents

Financial services

We provide expertise and services in all areas of litigated and non-litigated claims, across the entire financial services market.

We act for insurers and insureds in matters involving:

  • claims arising out of investment, financial planning and credit advice
  • claims against participants at all levels of the entire financial services market (including major financial institutions, brokers, fund managers, mortgage managers, advisers and planners)
  • recovery actions on behalf of banks
  • insolvent trading
  • fidelity claims (theft, embezzlement and employee fraud)
  • unit pricing errors
  • misleading and deceptive conduct in product disclosure statements.

We act for lead insurers in many of the current substantial financial claims around the country. We have also developed substantial expertise with disputes lodged with the Financial Ombudsman Service, a jurisdiction which is expanding and evolving.

Life insurance

We act for a number of life insurers and trustee liability insurers in NSW and Victoria, in the areas of income protection, TPD, group life, trauma and death claims.

We have assisted insurers in many complex fraud and non-disclosure disputes, as well as providing policy drafting advice and preparing FOS submissions.

Medical negligence

We provide practical and accurate advice to insurers, health services and hospitals in a broad range of professional indemnity claims against health professionals.

Our dedicated team not only defends a large portfolio of litigated claims against health professionals, but also provides specialised services in coronial investigations, disciplinary hearings and complaints resolution processes.

Professional indemnity

Our team acts for many local and overseas insurers representing a range of professions, including engineers and other building professionals, lawyers, finance professionals, brokers, real estate agents, valuers and accountants.

We manage claims in every Australian jurisdiction and in New Zealand. We are currently involved in much of the leading litigation in Australia and New Zealand, including class actions and multi-party professional indemnity actions.

An important element of our strategy is active management of stakeholder relationships. We invest significant time and energy in maintaining a good knowledge of industry developments, as well as developing strong relationships with regular opponents, counsel and insureds to encourage communication and cooperation.

Property and industrial special risks

We have extensive experience advising insurers operating in the area of Property and Industrial Special Risks in the Australian market.

We have a specialist team led by five partners in this field, covering all aspects of Commercial Property insurance. We regularly act for both Australian insurers and offshore insurers, providing advice and representation in relation to both coverage and recovery.

We are acting in numerous major actions, both litigated and non-litigated. Our specialist expertise covers claims involving:

  • oil and gas processing
  • generation and pipeline claims
  • mine collapse
  • fire
  • storm
  • flood
  • machinery breakdown
  • catastrophic loss

With more than thirty years of experience in this field, our lawyers have unrivalled knowledge of the players and major policies operating in the Australian market. This experience sets us apart from our competitors.

Our lawyers are quickly able to identify the critical issues, and establish a strategy for delivering efficient and cost effective resolutions. Our clients appreciate and rely on our expertise in this often complex area of law.

Public and product liability claims

Over the past 20 years, our team has been involved in some of the most significant public and product liability litigation in Australia.

Our success relies upon our ability to make a speedy evaluation of the merits of a claim, resolve it early if instructed but defend strenuously and strategically where appropriate. We take a commercial approach to litigation and recognise that in determining whether to defend a claim, the amount involved and potential costs need to be considered, as do wider strategic considerations.

We have, where appropriate, run cases to judgment for our clients, and have secured some notable successes, including litigation arising out of major fires, the collapse of a hotel balcony and various outbreaks of food poisoning leading to class actions.

We practise in all jurisdictions and our clients include insurers, Government departments, schools and universities.

Recovery actions

Our team has unrivalled knowledge in subrogation and recovery claims and is widely regarded as a leader in the field. We know the issues that affect recovery claims and we consistently achieve exceptional results.

We offer comprehensive liability experience and have acted in recovery claims across the range of insurance lines. Our team has acted in disputes involving damage to building and construction, construction projects, warehouses, retail stores, commercial tenancies, hospitals, industrial machinery, medical equipment and cargo.

Unique issues arise in subrogated recovery claims which are distinct from defence claims. Our specialist recovery team has extensive experience with these issues and knows how to manage them to maximise the recovery. Our team can advise on:

  • early assessment of recovery potential
  • preservation of physical and documentary evidence
  • subrogation advice
  • working with the insured
  • prioritising returns and retaining control of the recovery claim where the insured has uninsured losses
  • recovery agreements
  • avoiding third party corporate arrangements which diminish recoveries
  • limitation period preservation
  • dual insurance
  • commercial strategies to resolve claims early and cost effectively.


Client success story

We acted on instructions from an insurer for their client, a tenant in a shopping centre. The shopping centre was destroyed by a fire originating from the tenant's premises. Actions were commenced by the landlord, seeking damages associated with the loss of the building and associated rent, as well as two other tenants claiming business interruption losses.

There was some dispute about the cause of the fire, and technical arguments about the terms of the lease and whether these defeated the landlord's claim. However, perhaps most critically, significant issues arose due to the plaintiffs' claims totalling an amount which exceeded the relevant policy limit. As such, it was necessary to consider the possibility of uninsured components, requiring even greater liaison and association between insurer and insured than is typically the case.

We achieved an outcome which involved a considerable reduction on the quantum sought and the claims resolving within the indemnity limit - a great result for both our insurer and their client.

More

All services