Insurance

 

Compulsory Third Party

We have a particular specialty in the area of compulsory third party claims. Our current clients have overall 70% market share and we are proud of association with these insurers. We act for Queensland based and interstate client insurers.

As an insurer you can have absolute trust in our ability to advise you on all aspects of claims. Our areas of particular expertise include:

  • Insurance Liability and causation issues
  • Major claims involving multiple severe injuries
  • Claims by infants and others under a legal disability
  • Claims subject to multiple legislative regime
  • Recovery actions.

If your concern is interpretation of legislation, we have been at the forefront of drafting and interpretation. If you need assistance with CTP claims, turn to us for resolution.

Public Liability

We act for a number of insurers in public liability claims and focus on providing a professional service covering:

    • Indemnity
    • Liability
    • Contribution/Recovery
    • Contributory Negligence
    • Quantum.

      You can rely upon our expertise on both the procedural and substantive law applying to public liability claims, having been involved in such matters as:

      Walter Reid –v– Kern Corporation 

A matter that proceeded to the High Court involving destruction of a department store by fire prior to settlement of the contact for sale and the attempt of the purchasers to take the benefit of the vendor's policy. Notice given under section 56 of the Property Law Act (London Fires Metropolis Act).


      Eastern Suburbs Leagues Club v Royal & Sun Alliance Insurance Australia Limited 

Successful defence of a claim under an ISR policy for damage caused by water inundation following a 1 in 100 year storm in the southern suburbs of Queensland. The case involved consideration of the flood exclusion and the associated proviso in relation to damage caused indirectly by flood.

      Enright v Coolum Resort Limited & Ors 

Successful defence of a claim against the Hyatt Coolum by the widow of an American businessman who drowned off Yaroombah Beach at Coolum in 1993. The deceased was the World Vice-President (Tax) for Pepsico Inc. and the dependency claim was for in excess of US$100M. Although it ultimately tuned on its facts, the claim considered the duty owed by local councils and holiday resorts to people swimming off Queensland's open surf beaches. Of particular interest was the duty of a resort to a guest swimming at a public beach, outside but adjacent to the resort.

      Hornberg v The Council of the Shire of Surat & Anor 

Successful defence of a claim for damages for personal injury when a young girl was rendered quadriplegic after diving into the local council pool. Although the case ultimately turned on its facts and issues of credibility, the relative duties of the local council and the pool lessee to users of a pool and their liability inter se were considered.

      We pride ourselves in providing a value service and facilitating the resolution of claims through timely negotiations.

      Professional Indemnity

      We have great interest and expertise in advising on these claims and defending claims made against professionals.

We have acted for many decades on behalf of the statutory insurer of all Queensland solicitors in relation to negligence claims made against those solicitors.

We also currently act on behalf of Queensland and interstate medical defence organisations in defending claims of negligence made against medical practitioners.

The Firm also acts in defence of claims on behalf of, amongst others, engineers, architects, designers, valuers and surveyors.



      Two cases we have defended in Court on the liability of solicitors are:

      Algar v Gall Stanfield & Ors 
This case established the degree to which solicitors are required to go behind their client’s instructions, particularly in the circumstances of injuries to infants and in circumstances where the medical picture is incomplete

      Valencia v Wolodarczyk 
Prescribed the duties and obligations of a legal professional when acting for injured parties and the manner in which instructions to settle should be obtained.

      You can be assured our professional indemnity team will provide to you the drive, energy, expertise and value required in attending to these claims of such personal concern to the individual professionals involved.

      PRAMS - Professional Risk Audit Management Service

      Today’s professional environment is increasingly complex, litigious and regulated. The professional seeking to operate in this climate needs to be alert to the risks of litigation and attuned to the requirements of a system that is subject to regulation and discipline from an increasing number of statutory and regulatory bodies.

      Failure to successfully navigate this professional environment can cost the professional and their organisation dearly. Loss of income and productivity due to disciplinary and regulatory proceedings or due to key personnel being tied up in protracted litigation, Insurance disputes, the possibility of criminal sanctions and claims for negligence, and breach of contract are all very real consequences. At worst, disciplinary and regulatory action can lead to the suspension or termination of the ability to practice and negligence awards can run to millions of dollars, which may not be covered by insurance.

      To assist the modern professional operating in such an environment, QMT Law’s Professional Services Group have developed PRAMS - an assessment and management service to assist in the identification and elimination of these professional risks.

      Prams includes:

      • Individual workplace assessment modeling
      • Identification of legislative requirements for your particular professional environment
      • Application of legislation and regulation to particular professions
      • Identification of litigation risk and ways to reduce such risk
      • Preparation of training and induction materials, including operation manuals.

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