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Dust & Asbestos Litigation

- OUR EXPERIENCE -

It's Extensive

We have extensive experience in acting for insurers, reinsurers, insureds, uninsured defendants, and Scheme Agents in a variety of claims, including latent disease claims and asbestos disease claims (including asbestosis, mesothelioma, asbestos-related pleural disease, asbestos-related lung cancer), smoking-related claims (including passive smoking), silicosis claims and catastrophic and major claims.

GLOBAL CLIENTS

Our clients include domestic insurers and reinsurers located in the UK, US and Bermuda. We also have experience with claims under Trusts in the UK, specialising in assessing and finalising asbestos claims.

SpeciALIST EXPERTISE

We advise on and manage risk and claims management strategies on a diverse portfolio of latent disease claims. We have particular expertise in advising on legacy indemnity and policy response issues, coverage issues, and the availability of exemplary damages in various jurisdictions.

Examples of our work

We have expertise in all Courts and appellate Courts in major jurisdictions in Australia. We have solicitors who are also admitted to practice in England and Wales. Some examples of our work both in Australia and internationally include:

Conducting proceedings concerning the interpretation of the insurance provisions in s.151AB of the Workers Compensation Act 1987 (NSW) as amended: CGU Insurance Ltd v AAI Limited [2016] NSWCA 335 and [2017] NSWCA 58; CGU Insurance Limited v Davies (2015) 90 NSWLR 337; QBE Insurance Australia Limited v Dust Diseases Tribunal of NSW [2011] NSWCA 421
Representing one of the insurers in Wallaby Grip Limited v QBE Insurance (Australia) Limited; Stewart v QBE Insurance (Australia) Limited (2010) 240 CLR 444, a leading decision on an insurer’s onus of proof for limits and conditions on a policy of insurance.
Acting for and advising QBE Insurance Australia Ltd in the landmark decision of East West Airlines v Turner (2010) 78 NSWLR 1 involving the categorisation of smoke as a dust.
Acting for and advising CGU in ICI Australia Operations Pty Limited v WorkCover Authority of New South Wales (2004) 60 NSWLR 18 , a leading decision on the operation of s.151AC of the Workers Compensation Act 1987 (NSW).
Acting for and advising CGU in Orica Ltd and Anor v CGU Insurance Ltd (2003) 59 NSWLR 14 on the interpretation of the concept of injury and damage which decision led to amendments to the NSW legislation
Acting for and advising the insurer in one of the earliest passive smoking cases in a common law jurisdiction: Sharp v Stephen Guinery t/as Port Kembla Hotel and Port Kembla RSL Club [2001] NSWSC 3.
Acting for and advising clients in Heil v Rankin & Anor [2000] EWCA Civ 84 in the consideration of whether the Law Commission’s recommendation that the level of damages for non-pecuniary loss for personal injuries should be increased.

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