Class Actions
Defending insurance-related collective proceedings with close attention to certification, proof and exposure.
We represent clients in class action proceedings involving insurance and related liability issues. The scale of an alleged class does not remove the need to analyse the legal basis of the claim, the relevant documents and the evidence supporting the proposed remedy. Our approach addresses the certification stage and the substantive dispute as connected, but distinct, parts of the defence.
- Certification defence
- Policy and claims records
- Common and individual issues
- Collective relief
Examining the proposed class and claim
We assess the representative claimant’s allegations, the proposed class definition and the asserted common questions of law and fact. Differences between policy wordings, relevant periods, claimant circumstances and the handling of individual claims are examined for their legal significance. The defence identifies which propositions can properly be addressed collectively and which require individual proof.
Building a reliable evidential response
The analysis draws on the policy and claims documentation relevant to the pleaded issues. We examine whether the material relied upon supports the alleged practice and whether the proposed method of calculating loss is consistent with the underlying facts. Where specialist analysis is needed, its scope and assumptions are defined around the issues in dispute.
Strategy, exposure and proposed resolution
We assess the procedural and financial consequences of the claim, including the relationship between certification arguments, substantive defences and the relief sought. Recommendations on negotiation or settlement consider the scope of any proposed resolution and the applicable approval process. Material developments are reported with an explanation of their effect on exposure and the next decisions required.