Blumer, Noor --- "President's page: Insurance matters" [2018] PrecedentAULA 65; (2018) 149 Precedent 3

---

INSURANCE MATTERS

By Noor Blumer

A solid understanding of how insurance works is crucial to obtaining the best possible results for our clients. But the insurance industry has traditionally tried to keep its practices veiled in secrecy, frustrating our efforts. The only certainty is that the insurer will do all it can to reduce the exposure for each claim, usually at the expense of the claimant.

Questions that typically arise for practitioners in this space include:

What is motivating the lawyer acting for the claims officer?

Is the claims officer receiving a commission on results?

Can the claims officer at your settlement conference authorise a settlement sufficient to settle your case, or is it a waste of time?

Is your case so good that there is a risk that the insurer will fail to indemnify on the basis of criminal behaviour or recklessness?

If there is more than one insurer, who is in for how much and why?

Many of these issues are addressed by the articles in this edition of Precedent.

NATIONAL CONFERENCE 2018

The National Conference in Melbourne was our largest for many years. Bernard Collaery was the recipient of the 2018 Civil Justice Award, recognising his courageous work for the people of Timor-Leste and Witness K. Dr Andrew Morrison RFD SC received the Member of the Year Award – a crystal snail in honour of Donoghue v Stevenson. Andrew has been a member of the NSW Committee for more than a decade and works tirelessly for our organisation.

Ron Merkel QC’s keynote address took us through many cases that made a difference: after retiring from the Federal Court Bench 12 years ago, he has dedicated his skills and experience to providing first-class legal representation to those who are most disadvantaged and most in need of such help.

The conference was loaded with great speakers and was also the scene of a hilarious guest speaker at the dinner, followed by mass dancing. It was a wonderful opportunity for members from all over Australia to come together to exchange ideas and learn from each other.

Next year, the National Conference returns to Port Douglas and will celebrate 25 years of the ALA. Save the date – 17 to 19 October – and please help us celebrate!

SPECIAL INTEREST GROUPS

The ALA has recently renewed its call for members to serve on special interest groups, existing and new, for the NDIS, Medical Law, Class Actions, Criminal Law and Disability Insurance/Superannuation. Lots of interest has invigorated these crucial areas. Thanks to all of those who have put their hands up and those who continue to contribute their time, energy and expertise.

CAMPAIGNS AND PRIORITIES

Over the last few months the ALA has supported the national apology to the survivors of institutional sexual assault, become advocates for the children still detained on Nauru and supported the push for an Australian Bill of Rights. These are all critical issues that have been concerns of the ALA for many years now.

As well as its humanitarian work, the ALA has been busy in various states and territories challenging ongoing incursions into common law throughout Australia. In particular, the ALA has made a submission to the ACT government with respect to its particularly brutal proposed ‘reforms’ to the motor vehicle accident scheme.

Nationally, we made a very comprehensive submission to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry in response to policy questions arising from Module 6. In this submission we have provided several recommendations designed to ensure that consumer protections in insurance are delivered after so many years of scandal and unfairness.

Internally, we are finalising a Reconciliation Action Plan and we have introduced webinars to provide our regional members with better access to our CLE content.

It continues to be a pleasure meeting you all at conferences and seminars. Thank you to everyone who contributes their time and expertise to the ALA. We would not be able to continue our work without the people who participate in special interest groups, draft submissions, present at conferences and belong to committees. In doing this work, we are all playing a part in the ongoing and important protection of justice, freedom and the rights of the individual.

Noor Blumer is a Director at Blumers Personal Injury Lawyers, ACT. PHONE [phone] EMAIL [e-mail].