Nicola is a highly regarded specialist insurance Partner who has practised for more than 15 years in personal injury and property and product liability. Nicola has extensive experience defending claims under the Personal Injuries Proceeding Act and the Civil Liability Act and Regulations across a wide variety of liability claims for local and international insurers, brokers, third party claims handlers, as well as for corporate self-insureds and those with high deductibles.
Experience
Nicola has particular expertise defending complex multi-party construction site and mining injury disputes - particularly defending worker-to-worker claims and advising on the associated contractual indemnity and insurance issues - and acting in sporting, recreational, leisure, hotel, club, and security liability claims.
With a pro-active approach to claims management and an understanding of the drivers of her clients' business, Nicola ensures all stakeholders are kept informed of developments and is adept at identifying opportunities for the early commercial resolution of matters. Nicola is also known for meeting her clients’ reporting requirements and for ensuring realistic reserve recommendations are made early and reviewed often.
Highly experienced in complex insurance matters – including the application of exclusion clauses in public liability policies and advising on indemnity and dual insurance issues – Nicola has the ability to navigate difficult claims including those attracting media interest.
Renowned for her market leading expertise, Nicola has been recognised in Doyle's Guide as a Leading Public and Product Liability Lawyer (Defendant) in Queensland for more than five years and is named in The Best Lawyers in Australia for her skills in Insurance Law and Litigation.
Career highlights
Nicola's career highlights include:
- successfully resolving hundreds of public liability files across many sectors including, defence of catastrophic injury claims; claims by labour hire workers and subcontractors; slip, trip and fall claims; occupiers’ liability claims; stair claims; design and structural defects; falls from height; contractual claims; and nuisance claims
- defending a high value quantum claim by leveraging complex medical investigations and evidence to successfully argue that complications leading to amputation following traumatic injury arose due to poor infection control and delayed diagnosis by general practitioner and hospital, breaking the chain of causation
- advising a home insurer on coverage issues arising from a highly publicised fatality dog attack that led to changes in the law for the ownership and management of domestic animals
- defending catastrophic injury claims including traumatic brain injury, spinal damage and severed limbs
- representing ASX200 listed manufacturers, distributors and retailers of products and equipment in claims brought for alleged contravention of the Australian Consumer Law
- representing Mine operators in coal mine dust exposure claims
- acting in a $12m+ product liability claim for defective plumbing components installed in residential development sites Australia-wide leading to widespread failure and resultant water damage
- defending public liability claims brought against sporting associations and organisations
- advising a property insurer on the prospects of recovery for extensive flood damage to multiple premises under construction due to the Council’s failure to increase the minimum habitable floor levels
- defending a claim for multiple total loss fires arising from a capacitor installed in a portable fan motor manufactured in China and supplied in a Australia by a major retail chain.