Insurance Litigation Support

We assist clients with expert accounting reports that analyse and quantify insurance claims.

The reports provided are the product of an in-depth process of investigation, analysis, and review. Our diligent approach ensures that the factual and financial circumstances of the insured are reflected in the final claim quantum.

Our experts act for defendants and plaintiffs in various insurance matters. We have experience supporting individuals, law firms, insurers, government departments, business and corporations, and more.

Our expertise and reputation for providing thorough and accurate insurance litigation support has seen us work across a number of high-profile national and international claims including:

• MH 370 and MH 17 air incidents
• QF 32 air incident
• Dreamworld “rapid river” incident
• Ruby Princess Class Action
• Home Insulation Class Action
• De Puy Class Action
• Latz v Amaca [2018] HCA 22
• Norris v Routley [2016] NSWCA 367

Having the support of an expert who understands the factual circumstances and financial implications that relate to a claim is an invaluable resource. Whether the claim relates to income protection or benefits under a third-party personal insurance policy, our team of experts can assist.

Both the insurers and the insured consider ‘claim quantum’ a critical measure of success in any insurance claim settlement. The ‘claim quantum’ refers to the ‘amount one deserves’, or the estimated total value of damages. Often, the quantum is disputed due to varied interpretations of:

• The concept of ‘actual loss sustained’
• The Policy’s Basis of Settlement
• PAWE assessments
• Evidence required to prove the claim

Our team can help determine the quantum, providing the required evidence and justification to support our recommendations.

Economic loss is often a significant component of a personal injury claim. Our team works alongside legal professionals to provide authoritative quantification and reporting services for the assessment of damages resulting from accidents or disease.

Having a detailed understanding of current accounting and tax issues affecting employed and self-employed claimants is one of the biggest challenges that legal professionals need to overcome with personal injury cases. Our experts provide support throughout the litigation process in a range of ways including investigating, examining, analysing, quantifying, preparing for court and, if necessary, testifying in court.

Our team of financial experts, whether acting for a plaintiff or defendant, have the knowledge to explain the technical accounting and financial issues of a dispute as simply as possible.

We have experience working on a broad range of claims including those related to:

• Abuse
• Dust disease injuries
• Medical negligence
• Motor accidents
• Public Liability accidents / incidents
• Workcover
• Wrongful death / dependency

We are also available to assist with assessments for Australian residents injured in foreign jurisdictions as well as non-residents injured in Australian jurisdictions.

In professional negligence actions, it is important for legal professionals to understand issues relating to both liability and the assessment of damages.

Our experts can provide a range of services for:

• Corporate governance and breaches of director duties
• Examining the conduct of accountants and financial advisors
• Financial advice disputes including investment and insurance advice
• Quantifying losses
• Understanding the taxation consequences of settlement

Unexpected damage and disruptions to daily operations can happen at any point during the lifecycle of a business. Damages can be caused by storms, floods, cyclones, fires, theft, accidents or malicious damage. To ensure that your business survives the impact of an unexpected event, it is important that you recover any lost gross profits and other insured out-of-pocket expenses.

Engaging an experienced financial professional to assist you in quantifying the damages and preparing your claim/s in accordance with the policy cover ensures that your full entitlements form part of the claim. Our team does a thorough job, providing our detailed findings in a clear and concise manner. This enables you to focus your energy on getting your business operations back on track, knowing that your claim is being looked after by a team of experts.

Preparing an insurance claim is a complex process – especially if you want to ensure that you are maximising your entitlements. It requires:

• Understanding the key terms of the insurance policy
• Understanding the factual circumstances of the damage event
• Understanding the financial information of the business
• Determining the key business drivers
• Considering the effect of the loss event on the key drivers
• Using appropriate loss quantification methodologies
• Communicating this information to the insurer in an appropriate format

Our experts can assist with the claim preparation for material damage and business interruption. This can include:

• Explaining what is covered by your policy
• Quantifying the costs you have incurred to repair material damage
• Reviewing invoices and collating supporting documents for the claim
• Quantifying the business interruption loss in accordance with the insurance policy
• Reviewing the insurance claim
• Preparation of a comprehensive expert report quantifying the claim
• Providing the report to the insurer

In most cases, the cost of claims preparation is covered by the insurance policy, allowing the claim to be prepared at no additional cost to your business.