CLP12 Insurance Disputes

What is this subject about?

This subject presents the background to insurance disputes, explains the regulatory environment, and identifies and analyses common issues.

The subject enables students to advise clients on strategy, risk, costs and success prospects.

What will I learn while studying this subject?

At the end of this subject you will be able to:

• explain the context of insurance disputes and the issues giving rise to litigation in the area
• explain the role of the regulatory environment (including ASIC and APRA) for insurance and assess its role in a range of insurance disputes
• identify and analyse issues which arise in insurance disputes
• apply skills of analysis, problem solving and strategy to formulating courses of action in insurance disputes
• plead and particularise the essential elements of insurance claims and defences
• identify and manage critical evidence in insurance disputes
• advise a client on an insurance dispute including strategy, risks, costs, regulatory implications and success prospects

Topics in this subject will include:

• Regulatory environment for insurance
• The insurance contract and litigation
• Specific insurance issues and pleading insurance claims
• Conducting insurance litigation
• Litigation relating to agents and brokers
• Compliance and management of insurance by ASIC and APRA
• Common issues in insurance claims
• Preparing for and conducting insurance litigation
• Reinsurance arbitration

How will I be assessed?

Assessment in this subject will be based on:

• satisfactory participation in the program
• drafting assignment (20%)
• written advice to client assignment (20%)
• written open-book exam (60%)