Andy is a financial lines insurance lawyer with over 15 years’ experience. He provides coverage advice and defends third-party claims for multinational insurers, underwriting agencies, Lloyd’s syndicates, coverholders and third-party claims administrators. Andy is also experienced in public and product liability, health and aviation law.
Andy's clients like working with him for his clear and practical advice. Over his career Andy has acted for lawyers, financial advisors, accountants, medical and allied health practitioners, engineers (geotechnical, civil and aviation), town planners, architects, pilots and flight instructors, across civil claims, regulatory disputes and inquiries.
This experience has given Andy insight into how these professionals carry out their day-to-day business and the current and emerging risks they face, and an understanding of the technical complexities of the services and products they offer their clients. Andy draws on this experience to work with his clients, their insureds and the brokers, to quickly identify the key areas of risk and collaboratively formulate a strategy to proactively manage the matter to a resolution.
Andy's experience in defending claims is balanced with his regularly acting as coverage counsel. He is retained by his clients to advise on coverage generally, and to also advise on policy interpretation, application of exclusion clauses, compliance with conditions and dual insurance. Andy's areas of expertise include:
- financial lines, including professional indemnity and management liability;
- public and product liability, including third-party property damage, personal injury and defamation;
- health, including medical malpractice and regulatory disputes; and
- aviation, including first- and third-party property damage and personal injury.
Andy's career highlights include:
- assisting the Lloyd's Syndicate that underwrote the primary layer of cover for one of the defendants in the class action proceedings brought in the New South Wales Supreme Court arising out of the 2011 South East Queensland floods. Working with a team as coverage counsel, Andy advised his client on coverage issues arising from the proceedings including negotiations with the following insurers and resolving dual insurance under a D&O policy for the costs of representation before a Commission of Inquiry. Additionally, Andy assisted defence counsel with input into appropriate loss adjusters, experts and counsel for the aspects of the matter, and monitored the defence of the primary class action proceeding and appeals.
- acting for a Northern Territory law firm at the instruction of its PI insurer for proceedings filed in Queensland where the subject transaction occurred. The claim involved the jurisdictional differences in the scope of a lawyer’s duty to advise on the pre-purchase inspections to be carried out for the purchase of business and real property worth in excess of $3 million, and proportionate liability claims between four defendants and three third parties. Andy assisted his client to resolve the primary and contribution claims for an amount significantly less than the insured's exposure, avoiding a mediation and lengthy trial.
- advising the insurer of a resort located on the central Queensland coast on a business interruption claim. The client's insured contended the destruction of a ferry that took guests from the town to a nearby island caused a decline in guest numbers, and that the fire that destroyed the ferry was a covered event occurring within the 'designated business area' under the policy. Andy advised on indemnity and drafted a declinature letter for his client to issue, explaining the key provisions of the policy in plain language and why no cover was available. After considering the letter the insured withdrew its claim on the policy. The broker informed the client it appreciated the conciliatory way in which the matter was handled, and how the declinature was communicated.
- acting for the insurer of a rock anchoring company that was subcontracted by the principal builder in the development of a large mixed-use site. During the works the insured drilled into one of the main sewerage pipes servicing the city. The utility provider made a demand in excess of $2.3 million against the insured, the builder and the site developer for the repair works. The builder claimed on the insured's policy and made a contractual indemnity claim in respect of its liability in the primary claim. Andy resolved the secondary claims in the background whilst investigating the primary claim. He ascertained the damaged infrastructure was scheduled to be rehabilitated over the following years and used this to argue the loss should be reduced to the costs of completing the works earlier than planned. The utility provider accepted this and settled for around 25% of its claim prior to litigation.
- advising the insurer of a company that delivered government subsidised training courses across the mining, transport and rail sectors, regarding claims made by the insured under the business interruption, employee dishonesty and theft sections of a management liability policy. The insured had workplace issues that saw several trainers withhold students' course materials and assessments pending resolution of their claims against the insured. As a result, the insured could not mark students as having completed the courses and the government would not release payment and/or sought recovery of the part payments already made. Andy advised his client on the (lack of) cover for all the losses under any sections of the policy. The client was happy with the clarity and strength of the advice, and used it as a script in their discussions with the insurer and broker.