EVENT: Contesting a Declination of Indemnity

Description

This presentation will be important to insurers, brokers, lawyers and assessors advising in relation to the determination of indemnity under a liability insurance policy.
Broadly speaking an insured’s right to indemnity under a liability policy arises when an event potentially rendering the insured liable to a third party has occurred, where the event and consequent liability are within the scope of the policy, where the circumstances are not expressly excluded from cover and where the liability gives rise to a loss of the type that is to be indemnified.
In addition to being satisfied as to these four elements an insurer will assess the circumstances of the claim to satisfy itself that no misrepresentation was made by the insured and/or there has been no failure by the insured to disclose material facts at the time the policy was entered into and that there has been no breach of policy condition after the policy came into force into and that there is no evidence of fraud. When all of these matters have been considered the insured will determine whether to accept or reject the claim.
This presentation will consider some of the circumstances where indemnity has been denied and subsequently challenged by the insured. It will examine which party carries the onus of proof in relation to the issues under review, what evidence is required to support a challenge, how such evidence might be obtained and what remedies are available.

Time

7:30am Regsitration
8:00am Introduction & Presentation
9:00am Conclusion

Cost

Members $89.00
Non-Members $109.00
Table of 8 $728*

*To complete the table booking online please select the 'student' ticket option and use the primary delegates name. Advise us of the remaining guest names via email. Table bookings are for 8 people. Tables of 10 can be arranged upon request and additional attendees will be charged at the member rate of $89.00 per person.  

Registration

You can register for this event online or CLICK HERE for a PDF flyer/registration form

John White

John has practiced in litigation in Adelaide since the late '70's. He began in general practice with Playford & Co.  The firm merged with Thomsons in 1997, where John spent a period as Head of Litigation, and Risk Manager.  In 2005 he went to Mitchell Chambers as a barrister, where he practices primarily in general commercial litigation, insurance and succession.  He is Head of Chambers (at 2016).
John is a member of the SA Bar Association and STEP, and has had a long association with the Law Society and the Professional Indemnity Scheme. He was President of the Society in 2013, chairs its Justice Access Committee, and has a number of other roles including as a director of Lawguard Management Pty Ltd. He is a regular presenter or chair at continuing education sessions.