Property & ISR Claims
Moray & Agnew has particular expertise acting on claims involving property loss under contractors all risk, industrial special risks (ISR), property and business interruption policies.
Our detailed knowledge of the area, particularly aspects of policy wordings and interpretation unique to Australia, sees Moray & Agnew selected as the first point of call for UK and international based insurers.
Property damage claims
We have a proven track record of successfully pursuing and defending complex and substantial property damage claims.
Our experience in third party property damage claims is that defence and evidence preparation is often a costly exercise, resulting in legal costs disproportionate to the claim amount. Such claims must be targeted for early resolution.
Examples of claims handed by our team, include:
- Optus Network Pty Limited & Ors v Leighton Contractors Pty Limited. We were successful in obtaining complete indemnity from a sub-contractor for our client’s liability for losses in excess of $30 million
- Haskins Contractors v AXA Global Risks. We acted in this claim where a NSW Court of Appeal established the key principle of what constitutes ‘damage to property’ and when it occurs
- Walker Civil Engineering Pty Limited v Royal & Sun Alliance Insurance & London Insurance. We successfully resisted the claim by the contractor in the leading Australian case on what constitutes damage and the operation of defective workmanship exclusions in Contractors Risk policies.
Business interruption and consequential loss
Business interruption and consequential loss claims is a specialist area requiring the close involvement and retention of forensic accountants. We have long-established relationships with a number of forensic accounting firms.
Our work in this area includes:
- Coal mine claim. We acted in a $60 million property damage / consequential loss from a spontaneous combustion in a mine in Southland Coal v Beazley Syndicate. This case was settled at mediation for substantially reduced figures
- Advance consequential loss. We acted in a claim in excess of $30 million, including coverage issues arising from a delay in a major Sydney road tunnel project
- Delay in major Sydney road tunnel. We acted in a $30 million claim involving coverage issues arising from a delay in a major Sydney road tunnel project
- We defended an insurer in a strategically important claim involving multiple parties (including overseas entities) arising from a $6 million cool-store fire loss.
Geoffrey Connellan has a strong contentious practice acting for insurers and their insureds. He operates on professional indemnity and financial lines matters, and on ISR claims, class actions, investigations and public and product liability. A client notes that "his work is of a considerably high standard and he provides solid advice."
Chambers Asia Pacific, 2018