Since 1990, Tim has specialised in litigating numerous insurance and general commercial disputes, including property damage and product liability, indemnity and recovery matters, arson and fraud.
Tim has also advised insurers on a wide range of issues, including claims relating to cheque fraud and mortgage insurance across the entire sector from the construction, manufacturing and mining industries to the small business sector and householders.
He has drafted household, motor vehicle, medical indemnity and lenders mortgage insurance policies for several insurers and acted in many complex commercial disputes, such as contractual, building and trade practices disputes.
An accredited specialist in commercial litigation (insurance), Tim has vast experience in resolving insurance disputes, including significant property damage claims, product liability claims (including the pharmaceutical, manufacturing and industrial sectors), life insurance claims (particularly addressing related indemnity issues), building and engineering disputes, indemnity disputes (including assessing full and partial indemnity for insurers and insured) and recoveries.
- Acting for an international insurer Uniqa in the significant case of Mobis Parts Australia v XL Insurance Co SE and Ors. Successfully argued that the plaintiff had no standing to bring action under master policy against Uniqa. Obtained verdict in favour of the client with indemnity costs order in respect of costs of 5-week trial.
- Acting for an international insurer and their insured in a dispute involving application of a waterproofing product in several large swimming pool complexes in Western Australia. Achieved a favourable settlement at mediation for both insurer and insured.
- Acting in a matter where a young professional alleged serious injury arising out of an accident in a gym. Judicious enquiries established extensive overseas travel and a continued pattern of gym attendance in another state. Matter settled on favourable terms for defendant.
- Acting for an insurer in a large motor recovery where the Third Party was unable to be located. (able to establish that Third Party had left Australia permanently). Was able to locate and contact Third Party and identify a liability policy which responded to the claim, resulting in a full recovery for the insurer.
- Acting in a matter involving a suspicious fire in a factory. The insured sought cover for a large amount of stock lost in the fire. Investigations established that the stock was worthless, and the fire probably deliberately lit. Appeared at the coronial enquiry and the coroner referred the matter to the DPP. The claim did not proceed.
- Acting for Sydney Grammar School and its insurers in the coronial inquiry and subsequent litigation in relation to the death of a student which attracted major international media interest. Careful management resulted in the coroner making no significant adverse recommendations in relation to the school.
Drafting + Policy Review
- Drafting suite of Home and Motor policies for Credit Union insurer.
- Drafting Medical Indemnity policy for medical defence organisation.
- Redrafting sections of Education policy for major insurer.
- Drafting new Lenders Mortgage Insurance policy.
- Product Liability + Recall
- Professional Liability
- Property Damage (Third Party)
- Subrogated Recoveries
- Construction + Infrastructure
- Energy, Mining + Power
- Healthcare + Life Sciences
- Manufacturing + Consumer Goods
- Professions + Business Services
- Arson + Fraud
- Policy Drafting
- Committee Member NSW Claims Discussion Group Inc
- Associate Member ANZIIF
- NSW Law Society
- Resolution Institute