sydney Office P: +61 2 8273 9905

Matthew Foglia

Special Counsel


About Matthew

Matthew has over 20 years' experience providing legal services to the global insurance and reinsurance industry and was appointed to Special Counsel at W+K in 2008. His core areas of practice are property & energy and financial lines with a focus on providing coverage advice to insurer clients in both the front end (policy drafting) context and the claim-related context.

As a former partner at a specialist law firm based in the United States, he regularly acted for London Market insurers in complex coverage disputes. Matthew is admitted to practice in New York as well as in New South Wales.

As a frequent lecturer on insurance law, he developed and regularly presents the ‘Insurance Essentials’ course run by Chartered Secretaries Australia, and has also presented seminars on insurance law for the College of Law.

Matthew is widely regarded for his technical expertise in the sector and takes a strategic and proactive approach to working with his clients.

Areas of Expertise

  • Industrial Special Risk
  • Construction & Contract Works
  • Coverage (stand alone)
  • Financial Institutions
  • Reinsurance

Industry Representation

  • Construction & Infrastructure
  • Energy & Mining
  • Financial Institutions & Services
  • Manufacturing
  • Professions & Business Services

Matthew's Experience

  • Providing policy drafting assistance to insurer clients, including in relation to professional indemnity, public liability, management liability and ISR wordings.
  • Providing regulatory and compliance advice.
  • Acting for an insurer in a coverage dispute against a reinsurer.
  • Acting for a superfund in relation to a claim by the former trustee of a trust in which the fund invested.
  • Advising an insurer in relation to professional indemnity and D&O policy drafting issues.
  • Acting for a reinsurance broker in commercial litigation.
  • Acting for an insurance broker in relation to various errors and omissions claims.
  • Providing coverage advice on all aspects of commercial property/ISR policies including:
    • various complex material damage and business interruption issues;
    • recoveries;
    • “flood” claims and the scope of the “flood” exclusion;
    • the operation of the co-insurance clause; and
    • the operation of various peril exclusions and the subsequent damage write-back.

Professional Affiliations

  • Australian Insurance Law Association
  • Australian and New Zealand Institute of Insurance and Finance