Kerry is a Partner in our Liability, Motor Vehicle and Workers Compensation Teams.
With over three decades’ experience in insurance law, Kerry currently acts for major insurers and public sector risk carriers in the areas of public liability (for both personal injury and property damage claims), workers’ compensation claims and motor vehicle personal injury claims.
Experience & expertise
Over the course of her career, Kerry has had the conduct of numerous public liability personal injury and property damage claims, settling the bulk of these claims in an expeditious and economical manner for her largely insurer clients, although she also acts for insureds with high policy deductibles.
Kerry also has extensive experience acting for major workers’ compensation insurers and also acts for insurers on motor vehicle personal injury claims
Kerry has over 30 years of insurance and claims management expertise. She is very proactive in managing her claims and always ensures that her initial advice and subsequent updated advices contain comprehensive claims management recommendations, which include the need for medical reviews, surveillance, further factual investigations and enquiries. She ensures all relevant medical (including clinical records) and economic loss documentation is gathered promptly to ensure her quantum recommendations are as accurate as possible.
Kerry is keenly aware of the importance of early claims resolution and always looks for opportunities to arrange conferences with the other side to discuss settlement, once all the evidence is to hand. Kerry always ensures her insurer clients have comprehensive and updated opinions on all of the issues prior to settlement discussions taking place and that, by that time, all of her recommended strategies and investigations have been completed.
Kerry is an experienced negotiator in the settlement of personal injury and property damage claims (where liability is disputed or where only quantum is in dispute) and regularly attends informal and formal conciliation and pre-trial conferences to represent the interests of her insurer clients. She has a proven ability to discuss all legal and factual issues that may arise on a claim during settlement discussions.
Kerry is realistic and commercial in her approach to settlement negotiations, appreciating the very real risks of litigation acting for insurer clients and the preference to avoid the costs of formal hearings.
Kerry has a good track record with settling claims and avoiding formal hearing, and in almost all cases the recommended settlement range is achieved.
Kerry always conducts herself professionally and ethically at settlement negotiations and ensures that all discoverable documents, and settlement submissions or schedules of damages, are exchanged before settlement discussions take place to maximise the prospect of claim resolution.
As the quantum of her claims varies from minor to catastrophic, Kerry strives to ensure that legal costs are never disproportionate to the quantum of the claim.
Kerry prides herself on having a well organised practice and always responds promptly to telephone calls or emails from her clients.
Work highlights
Examples of successful litigation for Kerry’s insurer clients include:
- Defence of a claim by a truck driver who fell from a platform while loading fertiliser. He sued the owner of the truck (Kerry’s client’s insured) and the occupier of the premises, however, his claim was dismissed by the trial judge, saving Kerry’s client from a significant award of damages
- Defence of a claim involving an insured landlord who was found not liable for injuries sustained by a plaintiff when she suffered a severe injury to her left elbow when she was showering in a rental property. This decision was important for outlining the duties of landlords and highlighted that it is limited to taking reasonable care to avoid foreseeable risk of injury from defects of which a landlord is on notice. The plaintiff was unsuccessful on appeal to the Court of Appeal
- A claim which went to trial against a large retailer for contribution towards damages paid to a plaintiff who was injured when a truck reversed into him. The retailer strongly resisted the claim for contribution, but the trial judge found it breached its duty of care and was liable for 25% of the claim. This was a good outcome for Kerry’s client (an interstate third party motor vehicle insurer) as the large retailer made no offers of settlement, other than walk away offers. The large retailer was unsuccessful on appeal to the Court of Appeal.
Professional background
