Motor Accidents insurance | litigation and advice for Insurers
Examples of cases our firm has handled:
- Indemnity including use and operation, generally whether the MACA applies; Dual insurance;
- Inter relationship between policies in a single claim;
- Nominal Defendant including issues of insured vehicle and public street;
- Catastrophic Injury and death claims
- Complex liability, including accident reconstructions;
- Recovery claims in complex matters, including recovery from vehicle manufacturers and statutory authorities;
- Sharing Agreement issues;
- Complex issues of institutional care versus home care;
- Pursuing informal resolution conferences, often in complex matters, resulting in early resolution of claims.
The majority of our claims are resolved prior to hearing. In appropriate matters we have taken a stance at the earliest possible stage in litigation, often resulting in claims being withdrawn or dismissed.
Workers Compensation claims and Common Law| litigation and advice
We have been involved in Court of Appeal cases involving
- dealing with apportionment between multiple insurers,
- lump sum claims s66 and 67,
- disease,
- journey claims
- and inadequacy of reasons for Judgment.
We have handled significant matters:
- A test case against the Insurers Contribution Fund;
- A potential multimillion-dollar claim that was dismissed as a result of expert and lay evidence obtained overseas by one of our partners;
- Fraud cases, including one where we proved fraud and obtained an order for indemnity costs which were paid by bank cheque after serving a Mareva injunction (freezing of assets)
- Matters involving complex indemnity issues;
- WID claims.
Our team members have had extensive experience in training insurer and self-insurer staff, and delivering papers and seminars on various topics in Common Law claims. Vardanega Roberts advises on worker and deemed worker issues and in drafting agreements, particularly in the context of owner drivers. These include contract carrier agreements and a agreement, with particular emphasis on the implications.
We regularly attend insureds premises to review and access work processes and provide advice in relation to issues dealing with industrial law and occupational health and safety.
We believe in close and strong working relationships between the solicitor, insurer and insured, and regularly attend meetings involving all three to discuss particular claims and matters of general concern.