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Rachael Miller |
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INSURANCE Rachael was admitted as a solicitor in 1987. She became a partner with Quinlan Miller & Treston in 1998. Throughout her career, her practice has been based in the insurance industry. Rachael has acted both for statutory and general insurers and for national companies that are self insured or have significant retentions. She has assisted her clients with general advice and in-house training in response to legislative change and industry issues. She has been involved in the drafting and interpretation of policy wordings and has prepared submissions to both the Claims Review Panel/Insurance Ombudsman and the Industry Panel under the CTP Sharing Agreement.
Rachael has extensive experience in insurance litigation, both indemnity issues and third party liability claims. She recognises the need to balance legal principles with commercial practicality, particularly in the current social climate.
CASES OF INTEREST Eastern Suburbs Leagues Club v Royal & Sun Alliance Insurance Australia LimitedSuccessful 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 turned 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. Elston v Phoenix Prudential Successful defence of a claim for indemnity under a home insurance policy following the destruction of the property by a deliberately lit fire. The case turned on the claimant’s non-disclosure/misrepresentation in her proposal form as to the level of her income. The case considered whether an objective or subjective test applied when considering whether an insurer would have issued the policy on the same terms if the non-disclosure/misrepresentation had not been made. 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. Palfarman v Jackson’s House Removals (a firm) & Ors (UAP v Suncorp) One person was killed and several were injured when a section of a house that was being moved collapsed while it was being tied down on the back of a low loader. Six sets of proceedings were issued against the plaintiff’s employer and against the house removalist and his business. There were multiple plaintiffs, defendants and multiple insurers joined as third parties. A two day mediation in Mackay failed to resolve the matter. The plaintiffs’ claims for damages for personal injury and loss of dependency were ultimately settled. However, the matter proceeded to trial in relation to an issue of double insurance as between the public liability insurer and the commercial motor insurer of the house removalist. Acting for the public liability insurer, Rachael was successful in obtaining judgement against the commercial motor insurer on the basis that double insurance did apply. T&G & Anor v NAB & Coffey and Partners & Ors This case involved the duty of care owed by geological surveyors and builders/developers to subsequent purchasers. The matter was ultimately resolved prior to trial. For assistance in your insurance enquiries, contact Rachael directly. CONTACT INFORMATION Phone: 07 3223 6418 Email:
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Rachael Miller