Naazihah is a Senior Associate in the Brisbane office of Wotton + Kearney. Specialising in professional indemnity insurance, Naazihah has extensive experience in acting on behalf of insurers, self-insureds and corporate clients with a particular focus on the construction and maritime industries. She has particular expertise in managing complex litigation, with a strong background in the defence of professional liability, property damage and product liability matters. She also advises on policy coverage, contractual issues and commercial disputes. Naazihah’s strong advisory and mediation skills ensure the provision of efficient service and claims management to her clients.

Naazihah has been recognised as a top insurance professional by LawyersWeekly, being named a winner of its 30 Under 30 Awards in the Insurance category for 2017. She is also a past winner of the Australian Insurance Law Association’s Ron Shorter Memorial Award.

Professional Liability

  • Acting on instructions from the primary professional indemnity insurer in defence of a claim brought against a large national legal practice that was sued for $7 million in relation to its alleged negligent drafting of a number of consultancy deeds, guarantees and property development contracts.
  • Defending an ASX-listed global engineering consultancy against a litigated claim relating to a subsidence affected golf clubhouse. The matter involved significant limitation period issues and commercial complexities. It was settled for a nominal sum with proceedings being dismissed.
  • Defending a national engineering firm against a claim for negligent structural and hydraulic system designs brought by a construction company plaintiff. The matter involved complex technical issues requiring extensive expert evidence, an expedited trial, multiple contribution and crossclaims involving the builder plaintiff and co-defendant architect. The matter was commercially settled prior to trial.
  • Acting for a registered geotechnical engineer in defence of a disciplinary action brought by the Board of Professional Engineers Queensland. The matter was resolved without any adverse finding against the engineer.

Personal Injury

  • Acting for the insurer of a large mining firm in defending a series of personal injuries claims brought against it by first responders to a fatal accident at the insured’s mine operation. The claims, presently in their pre-litigation phase, deal with severe psychiatric injuries and complex liability issues.
  • Acting for the insurer of a security company joined as a contributor to an action involving catastrophic injuries sustained by a woman crushed by a truck during the course of her employment. The matter involved numerous respondent parties and previously unanswered questions of law regarding the interaction between workers’ compensation, motor vehicle accident and personal injuries legislation in Queensland. The matter was successfully resolved following mediation, with Naazihah’s client avoiding contribution entirely.
  • Acting for the insurer of an RSL venue in defending a $1.85 million personal injuries claim brought against it by a security guard relating to significant psychiatric and traumatic brain injuries sustained after he was king-hit by a patron at the insured’s venue. The matter was resolved during the pre-litigation phase with the majority of the settlement borne by the claimant’s employer.

Property Damage (Third Party)

  • Acting for the insurer of a fire sprinkler systems maintenance company in defence of a $60 million litigated property damage claim, arising from the discharge of water from a sprinkler system on to machinery owned by the furniture manufacturing plaintiff. The highly complex matter involved extensive lay and expert evidence and was ultimately settled on commercially favourable terms.
  • Defending a property damage claim against a self-insured engineering client arising from alleged negligence in its capacity as supervising engineer and superintendent on a road construction project, whilst also pursuing a counterclaim against the developer plaintiff. The matter was successfully resolved at mediation, with each party walking away and the claims being discontinued.

Product Liability + Recall

  • Advising the insurer of a fibreglass component supplier in respect of an alleged failure of the product. The matter involves a dual insurance claim by the insurer of a related insured entity, with the underlying litigation by the swimming pool manufacturer quantified at $46 million.
  • Acting for the insurer of a large New-Zealand based supplier of mould-removal products, pursued under the Queensland injury regime in relation to chemical burns suffered by a consumer. Naazihah’s informal negotiations led to a commercial settlement for a nominal under-deductible sum which also protected the insured’s commercial relationship with its co-respondent distributor.

Commercial Litigation

  • Advising a local Council client in respect of a dispute concerning the negligent preparation of a railway inspection report by a supplier in respect of a large railway restoration project
  • Acting for a loss adjuster in a dispute involving the buy-out of an agricultural claims portfolio following the breakdown of a commercial relationship. The matter was resolved following extensive negotiations resulting in a satisfactory outcome for the client.

Transport + Marine

  • Acting on instructions from a European-based insurer in respect of multiple scuba-diving death and injury claims occurring both in Australia and Fiji, including assisting insureds with responses to prosecutions and inquiries.
  • Acting on instructions from an insurer in defending a personal injury action brought against its insured diving operator in the Supreme Court of NSW following a collision between its vessel and an Australian individual in Fiji. Following extensive investigation and negotiations, the claim was settled for a nominal sum.

 

Areas of Expertise
  • Commercial Litigation
  • Personal Injury
  • Product Liability + Recall
  • Professional Liability
  • Transport + Marine

Industry Representation
  • Construction + Infrastructure
  • Manufacturing + Consumer Goods
  • Professions + Business Services
  • Transport + Marine

Professional Affiliations
  • Queensland Law Society
  • Australian Insurance Law Association
  • Australian Professional Indemnity Group