BARRY.NILSSON. Lawyers

The strength of the Queensland economy and the mining sector in particular results in our Insurance team acting on behalf of many insurers, insureds and various parties in the contractual chain in relation to claims touching on all aspects of construction. We are increasingly exposed to multinational corporations operating with high deductibles and/or in alliance contracting scenarios. We understand the imperatives of all stakeholders should a litigated or non-litigated claim arise.

We have developed a speciality in handling multiparty disputes. We recognise the need for early dispute resolution and the need for early consideration of often complex insurance programs. At all times we focus on the end result and how that can be achieved as efficiently and proactively as possible.

The type of work performed includes:

• Queensland Supreme Court multiparty litigation following a contracting scaffolder falling resulting in serious injuries. Numerous insurance specific issues arose with the result that our client was able to succeed on liability and also successfully enforce the terms of the contract requiring another party to take out insurance.
• The successful defence of a non-litigated claim by an injured formworker who fell and injured himself during the construction of a power plant in central Queensland. Our client was the principal on the project and a robust defence was led arguing no duty was owed to our client with the end result being that the claim was discontinued.
• Claims made for pure economic loss following a refinery shutdown arising out of construction work carried out by our client. Various policy coverage issues arose and a number of proof of loss scenarios were analysed with advice provided to our client litigated.

To find out more, please contact our Insurance & Health team.