Insurance

Insurance dispute resolution and litigation is a core capability of Makinson d'Apice and our team has an impressive track record of defending our clients' interests.   

We have proven depth of experience across most major lines of insurance, and we have capacity to undertake both routine and large-scale, complex insurance matters.  

Makinson d'Apice also provides advice to insurers and insureds in relation to indemnity under policies of insurance generally, rights, interests and liabilities under contracts including insurance procurement obligations in contracts, interplay of such clauses with contractual indemnity clauses, policy wording, exclusions, special conditions and general contract interpretation.  

Personal Injury

Makinson d'Apice has successfully resolved many thousands of personal injury liability claims and we hold panel appointments with key insurers and risk carriers covering this area. 

The claims include occupier's liability generally, caregiver/client relationships, relationships of control, delegable and non-delegable duties of care involving head and subcontracts, vicarious liability, relationships of proximity and failure to supervise.  Our general liability experience (including in clinical and health settings) ranges from slips and trips to fatalities and catastrophic injuries in multiple settings, and psychiatric injury/compensation to relatives’ claims arising from death. 

We also have vast experience in defending intentional tort claims spanning assault and battery, unlawful detention, invasion of privacy, use of excessive force, defamation and malicious prosecution.    

Our insurance team is also highly experienced in defending dust diseases claims. Special Counsel, Indran Sinnadurai has defended hundreds of these claims and is recognised as an industry expert.

Institutional Claims

Makinson d'Apice is one of the leading law firms in Australia in the area of institutional claims with decades of experience. We have acted in thousands of sexual, elderly and other abuse claims. 

The majority of matters we manage for our clients are resolved through ADR processes such as informal settlement conferences or mediations. Where matters cannot be settled, the team has a deep understanding of the law and evidence required to run any claim to hearing. 

We approach all such claims seeking to strike the delicate balance between an ethical, model litigant and legal liability approach. 

Makinson d’Apice has also extensive experience representing numerus clients at Royal Commissions and Special Commissions of Inquiries. 

Property Damage

Makinson d’Apice acts for some of the largest and high profile public and private sector occupiers in Australia. We have extensive experience representing those clients in a diverse range of both first party and third-party property damage claims, ranging from routine short tail matters up to high value and complex claims across a vast array of property types including multi-million dollar property damage claims due to flooding, major fire damage claims and property damage arising out of bush fires. 

We also defend and manage property damage due to defective design, manufacture and maintenance, building and construction disputes, complex multi-party insurance disputes, and contractual indemnities and other rights, interests and liabilities under contracts.
 

Medical Malpractice

As a leading law firm in medical malpractice we hold panel appointments with key insurers and risk carriers covering this area.  

We were one of only 3 firms recognised in the 2019 Doyle's Guide as a First Tier Medical Negligence & Malpractice Law Firm (Defendant) in NSW.

We practise in all areas of clinical and medical negligence claims including failure to warn, delayed or incorrect diagnosis, surgical / medication errors, claims involving catastrophic injury and claims arising out of mental health care.  Ranging from individual personal injury claims or multiple nervous shock claims and compensation to relatives’ claims following the death of a family member.  Our experience includes medical malpractice issues involving duties owed in a professional capacity and medical malpractice claims for insured hospitals.

We also regularly act for institutions and individuals in inquiries, coronial investigations and inquests and conduct large mediations and informal settlement conferences. 

Visit our Health page for further details about our experience and expertise in this area.

Professional Indemnity

We have vast experience in providing advice and representation to insured professionals. We provide advice in policy interpretation, grant/declinature of indemnity, peer professional opinion and competency and we appear in all relevant courts and tribunals concerning professional indemnity issues and defending such claims.

Directors and Officers

Makinson d'Apice has decades of experience defending Directors and Officers claims across all industries. Our team provides advice to insurers and insureds in relation to complex issues including the availability of D&O insurance coverage for Royal Commissions and Special Commissions of Inquiries. 

We have the expertise to manage common claims scenarios, eg claims arising from allegations of inaccurate profit forecasts, misrepresentation of financial reports, misrepresentation of financial products, breaches of the Corporations Act, breach of fiduciary duty, lack of corporate governance, and misuse of company funds.  

Defamation

Makinson d'Apice has experience to either prosecute or defend claims of defamation or injurious/malicious falsehood.  

Our partners and senior lawyers have acted for insureds in several cases involving defamation claims in schools, defamation matters for State and Federal politicians and business entities both in advisory and litigation roles. 

As part of our defamation advice and representation we also work closely with insureds on reputational risk matters and crisis management support.