Andrew is a highly experienced practitioner who advises insurers and their insureds on directors & officers and financial institution claims, management liability and environment claims, and highly contentious claims – particularly in the construction and engineering sector.
Due to Andrew’s extensive and successful track record coordinating and managing large-scale litigation, he is sought by clients to advise on high-profile class actions, prospectus liability and IT liability claims. His technical expertise and ability to be both strategic and hands-on ensures he consistently delivers the best outcomes for clients.
As head of Wotton + Kearney’s professional indemnity practice in Sydney, the national cyber team, and co-leader of the environmental team, Andrew has a key role in leading conversations about future challenges facing the insurance industry.
Andrew has been a member of the National Committee of the Australian Professional Indemnity Group and is regularly invited by clients to present on emerging trends in financial lines and cyber insurance.
Andrew has been recognised by clients and colleagues in Chambers Asia-Pacific for his insurance defence practice, particularly distinguishing himself on matters relating to professional indemnity and D&O insurance. Clients comment “he’s just technically excellent”.
Directors & Officers
- Defending CEOs against misleading and deceptive conduct claims and crime/fidelity losses.
- Advising D&O and professional indemnity insurers about claims following the collapse of managed investment schemes, and losses by hedge funds, financial planners and accountants.
- Acting for executive and non-executive directors in the Special Commission of Inquiry into the sale of NSW electricity assets.
Management Liability (Including EPL)
- Advising management liability insurers on claims against companies, directors and officers across a swathe of industries, and companies about a variety of employment practices liability claims.
- Advising management liability insurers about the representation of directors and officers at OHS presentations, ASIC investigations and ICAC enquiries.
- Advising professional indemnity and management liability insurers on claims arising out of the sale of CDOs and other derivative type instruments.
- Acting for the professional indemnity insurer of a multinational engineering company following the failure of two gas fired power stations where claims exceeded $30 million.
- Advising contract works insurers and design and construct contractors on $100 million+ claims from delays and failures of critical infrastructure projects, including coverage issues and recovery options.
- Acting on behalf of a design and construction contractor on the catastrophic failure of a waste processing plant. This claim involved defending a $60 million claim by the principal and seeking to recover the contractor’s losses from its design engineer and insurers.
- Coverage advice for first party on-site and contractors’ pollution insurance claims, EPA prosecution matters, third-party environmental liability claims and recoveries on matters ranging from storing regulated waste without a licence to releasing contaminants into the environment and causing environmental harm.
- Advising insurers about coverage issues, quantum and the insureds’ liability for clean-up costs after high-profile chemical and fuel spills, including reporting and liaising with EPA agencies, and advising on prosecutions and recovery options.
Cyber + Breach Response
- Appointed by a national insurer as its sole cyber breach lawyer and advisor to other insurers and reinsurers on first and third party cyber risks, including drafting cyber policy wordings and endorsements.
- Appointed by a global insurer to defend claims by major corporate clients for costs and losses from one of the most widely reported and significant data breaches in Australia since mandatory reporting was introduced – the PageUp recruitment data breach.
- Acting as first responder and as data breach and privacy lawyer advising corporations, professional services firms, schools, banks and insurers on crypto-locker encryption and ransom demands, unintentional disclosure of personal data, credit card number and other breaches, including liaising with regulators, drafting notification letters and providing extensive risk management services.
- Class Actions
- Cyber + Data Security
- Directors + Officers Liability
- Environmental Liability
- Inquiries, Investigations + Prosecutions
- Professional Liability
- Subrogated Recoveries
- Construction + Infrastructure
- Financial Institutions + Services
- Manufacturing + Consumer Goods
- Professional + Business Solutions
- Technology + Cyber
- Transport + Marine
- Australian Professional Indemnity Group (National Committee Member)
- Australian Insurance Law Association
- Australian New Zealand Institute of Insurance and Finance
- Law Society of NSW