Property Damage (Third Party)
If the unforeseen happens and damage is suffered from services performed or a product that has been sold, insurance provides the protection needed for many businesses to keep operating.
Our team of more than 50 lawyers regularly handles third party property damage and a range of motor vehicle damage claims for insurers, small and large businesses and government departments and agencies, across Australia and New Zealand.
When claims are of a small value, they require nimble and proactive resolution strategies to avoid the value being outweighed by costs. Our efficient and streamlined claims management process ensures that liabilities are swiftly detected and we move quickly to provide an efficient and commercial outcome.
When claims are high-value, multi-party litigated actions, it is often necessary to navigate through a complex web of contractual obligations and individual decisions to apportion responsibility. This may also end in policy coverage disputes as there can be complicated issues related to the operation of policy conditions and exclusions, whether the insuring clause is triggered, and the potential application of multiple excesses.
We have significant experience in managing these complex claims with timeliness and efficiency for both the insured and insurer, and work hard to explore all avenues for recovery.
Some of the third-party property claims that we have handled have included:
Leading the defence of claims for insurers in the Victorian bushfire litigation involving three class actions and 250 underlying claims.
We also advised on multiple class actions and claims after the NSW bushfires around Warragamba Dam and Springwood / Winmalee.
Leaky buildings claims
Numerous leaky building claims, from small WHRS claims to substantial multi-party High Court litigation.
Our New Zealand team’s reputation in this field has been described by clients in The Legal 500 Asia-Pacific independent research as ‘top tier, the best in leaky buildings defence’.
Plumbers’ liability claims
We assisted an insured plumbing company to manage its potential liability under the Ministerial Order for Required Insurance for Licensed Plumbers, the statutory insurance scheme pursuant to which insurers issue its policies of insurance.
A complex litigated case involving allegations that works were required to prevent a neighbouring property being undermined by land slippage. The insurer recovered its full costs of the litigation.