Kieran is a senior lawyer who specialises in Financial Lines coverage and defence work with specialities in complex D&O and management liability, professional indemnity and fidelity claims.
Before joining W+K, Kieran lead a large Financial Lines claims team at Chubb, which has seen him develop a deep understanding of claims processes and the management of all stakeholder expectations across insurers, brokers, insureds, adjusters, TPAs and co-insurers. Kieran’s focus is on developing strategic solutions, balancing the interests of all stakeholders in order to achieve optimal and commercial outcomes.
High profile matters Kieran has acted on include shareholder class actions against ASX200 listed companies, class actions against banks and asset managers and claims by members against administrators and trustees of large superannuation funds concerning mismanagement of the fund and misallocation of member payments and benefits. Kieran has experience setting up and managing data breach response and vendor teams and has experience in managing cyber claims, from ransomware attacks to full scale breaches, and acting as a cyber breach lawyer for 1st and 3rd party cyber risks.
Following on from Kieran’s most recent role in-house, he was recognised in Doyle’s Guide as one of Australia’s Leading In-House Insurance Lawyers for 2016.
Areas of Expertise
- Directors & Officers
- Management Liability
- Professional Indemnity
- Financial Institutions
- Financial Institutions & Services
- Professions & Business Services
- Construction & Infrastructure
- Technology & Cyber
- Sports, Leisure & Entertainment
- Managing claims involving insured and insurer exposure to:
- shareholder class actions against ASX200 listed companies
- class actions against banks and asset managers
- claims by members against administrators and trustees of large superannuation funds concerning mismanagement of the fund and misallocation of member payments and benefits
- claims against directors involving bribery and corruption allegations
- claims against directors for insolvent trading
- claims against directors and companies for alleged mis-selling, misleading & deceptive conduct and false representations
- regulatory investigations and prosecutions including ASIC and ACCC investigations & prosecutions of director conduct as a result of financial collapses
- claims by investors against Financial Institutions resulting out of the collapse of a large financial advisor
- claims against financial planners and directors as a result of collapses of agricultural managed investment schemes
- professional indemnity claims for negligence advice including financial planners, solicitors, accountants and real estate agents
- professional indemnity claims against architects, engineers and builders
- claims against professional sporting clubs and professional governing bodies and their directors and employees for misleading and deceptive conduct and contractual disputes
- loss resulting from complex employee theft claims on Fidelity Policies and Financial Institution Bonds for SMEs and large corporates
- ransomware attacks on SME businesses ranging from schools and transport companies through to financial and professional service providers
- management Liability, D&O, Professional Indemnity and Fidelity claims in overseas jurisdictions such as South Korea, Japan, Hong Kong, Singapore and New Zealand
- Managing litigation and coverage disputes involving the operation of the conduct exclusion on D&O policies; the extent of cover for social engineering losses under fidelity policies; allocation and aggregation dispute on a Financial Institution PI policy, asserted section 6 charges over D&O policy proceeds; the operation of a retroactive date exclusion on a D&O policy; whether defence cost cover under a D&O policy extends to pursuit costs.
- Working with companies ranging from ASX100 through to SME clients, and their insurance brokers, on the insured’s claims management practices including developing claims protocols, managing ongoing exposure to multiple claims and assistance with policy drafting to achieve efficient and cost-effective claims management processes for the insured, insurer and broker.
- Drafting and the setting up of efficient claims processes for insurers including claims best practices handling guidelines, reserving protocols, litigation management guidelines, service and communication guidelines for claims, claims relationship management protocols, technical handling and supervisory referral guidelines, audit & compliance protocols for claims, complaints handling procedures, denial and authority guidelines and claims payment processes and procedures. Setting up and leading claims workshops for insurers, brokers and insureds.
- Advising insureds and insurance brokers on financial lines claims and litigation trends, coverage issues and trends, and claims service issues and trends, providing presentations and solutions for insurance brokers and insureds on financial lines market trends and dealing with coverage and service issues.
- Australian Insurance Law Association
- Australian Professional Indemnity Group
- Law Society of NSW
- New South Wales Claims Discussion Group