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Caroline Brady

Senior Associate

Sydney

+61 2 8651 4707

Caroline is a highly experienced insurance lawyer with expertise across a range of matters and jurisdictions. This wide-ranging experience gives her a detailed understanding of insurance law that also allows her to provide her clients with practical solutions.

EXPERIENCE & EXPERTISE

Caroline frequently defends professional liability claims that involve protecting the interests of doctors, engineers and accountants. She has also conducted subrogated litigation matters in the areas of property loss and public liability and regularly advises clients on indemnity issues.

With a strong background in public liability defence plus experience across property recovery and third party matters, Caroline is skilled in counselling insureds through the litigation process. Other experience includes advising on matters that involve business interruption and uninsured loss claims.

Caroline works strategically and proactively to reach early resolution where possible.

ACCOMPLISHMENTS

Caroline represented a large private hospital in a high-profile inquest before the NSW State Coroner regarding a death in hospital. The hospital’s electronic record-keeping system was alleged to be the cause the error that led to the death. Caroline demonstrated through audit logs and witness statements that the primary cause of death was a doctor’s failure to correctly identify the patient when using the electronic system. That evidence mitigated the hospital’s exposure to a civil claim and allowed the Coroner to make accurate findings and recommendations on a significant issue of public health and safety.

Caroline negotiated judgement for a surgeon through service of expert evidence demonstrating that the claimed injury was a known and accepted risk of the surgery and did not amount to negligence. Also through expert evidence and leveraging an unpaid tax liability, she negotiated judgement for accounting firm and recovered a portion of defence costs for the insurer.  

Caroline demonstrated bold advocacy by successfully running a matter to hearing where the court denied damages for a business interruption claim based on her forensic expert evidence and awarded her client indemnity costs that were later assessed as entirely fair and reasonable.

During her career, Caroline completed a secondment to an international insurer where she acted as claims examiner for complex environmental and casualty risks as well as claims manager for major crisis claims. In this role, Caroline worked with underwriters on coverage issues, liaised with co-insurers on payment, directed adjusters for investigation and informed brokers of claims progress. Before relocating to Australia, Caroline litigated first party insurance claims on behalf of homeowners in Florida.

Expertise

Qualifications

  • Bachelor of Arts, 2005, Birmingham-Southern College
  • Juris Doctor, 2009, Florida State University College of Law
  • Master of Laws, 2012, University of Sydney

Memberships

  • Women in Insurance
  • Australian Insurance Law Association
  • Law Society of New South Wales
  • Australian Professional Indemnity Group