Specialty Lines

With unrivalled knowledge of the governing legislation and case law in this specialised area, our lawyers capably act for Australian builders warranty insurers and government insurers.

Since 1998, we’ve handled thousands of builders warranty claims and recoveries and acted in several landmark cases. We’ve built a reputation for minimising legal spend with strategies that help us better identify and pursue recoveries, avoid an unnecessarily adversarial approach and engage with the right experts and counsel.

Our team supports clients throughout the life of a claim, from early indemnity advice to complex litigation and recovery actions, assisting with:

• Policy drafting, interpretation and indemnity advice
• Pre-litigation and pre-claim technical advice
• Defence of claims arising from defective building work and insolvency events
• Multi‑party and high‑volume proceedings
• Appeals, recoveries and contribution claims
• Strategic portfolio and scheme management advice

Our experience spans residential, mixed‑use and large‑scale developments, with a strong understanding of jurisdiction‑specific statutory frameworks and tribunal processes.

Cyber incidents present fast‑moving legal, regulatory and reputational challenges. Our team advises insurers, along with IT professionals, software providers, hosting and streaming services, software development companies and other technology companies, on claims arising from data breaches, ransomware attacks, business interruption and technology failures.

We provide support across:

• Coverage advice and policy interpretation
• Incident response and breach management
• Privacy, regulatory and notification obligations
• Defence of third‑party and class action claims
• Recovery actions and technology‑related disputes

The team’s combined specialist knowledge means we provide clients with a service they can depend on in this fast-moving and often complex area. We can quickly assess loss and determine policy coverage, applying sub-limits to achieve savings. Where a dispute arises, our lawyers’ demonstrated expertise helps clients deal confidently and decisively, minimising costs and maintaining relations with the insured and intermediaries.

Our specialised expertise in directors’ and officers’ liability insurance extends to both acting in a defence counsel capacity and a coverage/monitoring counsel capacity.

We are regularly engaged to act for directors, officers and senior executives in claims and inquiries arising out of the performance or their managerial and directorial duties. This extends to:

• Claims for breaches of traditional directors’ duties of care such as sections 180 – 183 of the Corporations Act 2001 (Cth)
• Claims for failing to prevent a company from insolvent trading
• Claims for inducing lenders to advance funds to a financially struggling corporate group
• Claims for pecuniary penalties and other sanctions claimed by regulators including the Australian Securities & Investments Commission;
• Claims for defamation
• Claims for work health and safety breaches, harassment and other workplace misconduct complaints
• Inquiries and examinations brought by liquidators, regulators and other stakeholders.

We are particularly mindful of the financial and reputational risks facing our clients when they are involved in such claims and inquiries with the key objective being navigating the challenges and dynamics of such sensitive matters in a pragmatic and commercially sensible manner.

We also have a market leading practice acting as coverage and monitoring counsel advising insurers, underwriters and reinsurers as to high-profile and high-value claims. This extends to:

• Advising on coverage for sensitive Side A/B claims as well as high-stakes Side C claims with a proven track record of being involved in many Australian and overseas shareholder class actions
• Representing clients in relation to contentious and litigated indemnity claims
• Drafting policy wordings and endorsements
• Oversight of clients’ portfolios from a holistic perspective with a view to managing on exposure across the entire book of business.

Moray & Agnew has one of Australia’s most experienced defendant‑side dust disease and toxic tort practices. We act for Australian and international insurers, self‑insureds, employers, manufacturers, occupiers and government bodies in highly complex and often urgent claims.

Our lawyers have extensive experience in claims relating to exposure to dusts, fumes and toxic substances, including asbestos, silica (from both natural and engineered stone), coal dust, pot room fumes, aluminium fumes, moulds, flour dust, hexavalent chromium, welding fumes, hard metal dusts and fumes, latex particles and wood dust.

Our work includes:

• Defence of asbestos, silica and other toxic exposure claims
• Latent disease litigation and expedited proceedings
• Property contamination and environmental exposure claims
• Contribution, recovery and insurance coverage disputes
• Strategic portfolio and jurisdictional management advice

Due to the nature of latent diseases, investigating potential liabilities is frequently complex. Most dust cases proceed quickly; we understand this and are geared for it. Procedural and substantive steps are necessarily taken to expedite preparation.

We advise insurers and insureds on large‑scale and technically complex Industrial Special Risks (ISR) claims across property damage and business interruption.

Our ISR experience includes:

• Major loss and catastrophic claims
• Complex causation and quantum disputes
• Policy construction and aggregation issues
• Subrogated recovery actions
• Multi‑party litigation and alternative dispute resolution

We work closely with loss adjusters, experts and claims teams to manage risk, control costs and achieve timely resolution.

We are a leading adviser to life insurers and superannuation trustees, with a national practice dedicated to life insurance claims, disputes and regulatory matters.

Our life insurance expertise spans:

• Defending litigated claims in every Australian jurisdiction
• Preparing submissions to the Australian Financial Complaints Authority
• Providing discrete advice on unlitigated claims
• Seeking recovery of policy benefits in accordance with offset provisions
• Providing ‘front end’ advice on policy wording / drafting, reinsurance and risk management.

Many of our lawyers have significant experience of working ‘in-house’ at major life insurers, enabling us to approach disputes as our clients do, minimising legal and claims costs while enhancing reputation.

We also possess the specialist skills to vigorously defend claims that require a court’s verdict – and have a proven track record in successful outcomes that have benefitted the life insurance industry as a whole.

Our marine insurance practice expertise spans the traditional lines that make up insurers’ marine books. We act in dozens of significant claims for both Australian insurers and Lloyds syndicates each year including:

• Recovery claims
• Cargo
• Pleasure craft
• Hull
• Yachts
• Fine art
• Specie
• Marine liabilities
• Cash in transit
• Hauler’s liability
• Freight forwarders liability

Our team act and have acted for marine insurers, insurance brokers, underwriters, ship owners, freight forwarders, and yachting clubs in significant recovery, liability and indemnity actions.

Our strong experience means our team is at the forefront of developments relevant to marine portfolios.

Specialty insurance matters, including builders warranty, cyber, directors & officers, dust and toxic tort, life insurance, industrial special risks and marine insurance are often complex and technically demanding, requiring advisers with deep subject‑matter expertise and a strong understanding of the insurance market.

Our dedicated teams, structured around these lines, support insurers and insureds nationally in matters where coverage, liability, regulatory exposure and reputation are closely intertwined.

Clients rely on us for our ability to:

• Provide early, strategic advice on coverage, liability, causation and quantum
• Identify commercial resolution opportunities early to control exposure and costs
• Manage complex, multi‑party litigation efficiently and decisively across jurisdictions
• Navigate regulatory investigations and prosecutions alongside civil claims

Work closely with insureds and brokers ensuring an open dialogue and sensible discussions on problematic indemnity and liability issues.