Area of law
Coverage Disputes & Investigations
Disputes over insurance coverage require careful, technically informed legal strategies. Our coverage disputes and indemnity expertise assists insurers and self-insured entities with expert guidance, robust defence, and practical solutions in matters where policy interpretation, contractual obligations, or suspected fraudulent conduct is in question.
We also assist large corporates to obtain insurance coverage from local insurers, in circumstances where indemnity has been unreasonably or incorrectly declined.
We combine deep knowledge of Australian insurance law, policy construction, and regulatory compliance, with extensive experience managing complex investigations and litigation.
The HBA team has significant experience in complex coverage disputes across general, professional, and financial lines. We have a proven track record in identifying, investigating, and defending fraud claims as well as a long history of solid litigation capability across Australian courts and tribunals. When you work with HBA you will receive practical, commercially focused advice aligned with your specific objectives, alongside an integrated approach to managing risk, cost, and reputational exposure.
We assist in the assessment, defence, and resolution of disputes arising from contested or unclear policy coverage
- Indemnity Investigations
Conducting detailed investigations into coverage, disclosure and known circumstances - Policy interpretation & construction
Analysing terms, exclusions, extensions, and conditions to determine the scope of cover and insurer obligations. - Defending denials & reservation of rights
Advising on the validity of coverage denials or conditional participation under a reservation of rights. - Multi-party & cross-jurisdiction disputes
Managing coverage conflicts involving multiple insurers, co-insured parties, or international aspects. - Complex risk assessments
Evaluating liability, quantum, and exposure to guide insurers in claims handling, reserving, and strategic decision-making. - Regulatory compliance
Ensuring coverage decisions comply with Australian Prudential Regulation Authority (APRA) standards, ASIC guidelines, and relevant state and federal legislation. - Investigation Support
Coordinating with forensic accountants, claims investigators, IT specialists, and other experts to assess the validity of claims. Collaborating with Police and other authorities in the investigation process. - Legal Defence
Defending insurers and insureds against claims tainted by suspected fraudulent activity, including exaggerated, fabricated, or misrepresented losses. - Litigation & Recovery
Managing proceedings to recover payments made under fraudulent circumstances and pursuing civil remedies where appropriate. - Policy and Risk Advice
Advising insurers on policy drafting, fraud detection, and risk mitigation measures to prevent future exposure.
“At HBA, they go against the grain and do things a little differently. This is the defining ethos of HBA Legal. For years they have cultivated a craft of providing cradle-to-grave solutions for professional indemnity claims by encouraging a willingness to step down from the law firm ivory tower and work in lockstep with underwriting agents, claims handlers and insurers. They have consistently made good on their promise to achieve results for clients, while generating significant cost savings.”
Tom Allen
Chief Executive, Prime, CBC Partnership
