Jason has extensive experience and expertise in a range of insurance lines with key areas of practice in life insurance, general liability, fraud, professional indemnity, personal injury, property damage, business interruption, fidelity guarantee, health and debt recovery.
Jason acts for clients in the general and life insurance sectors on complex common law matters, claims for declaratory relief, policy interpretation, indemnity, risk management, double insurance and claims management issues.
Jason also authors and co-authors legal publications concerning general and life insurance, reinsurance and financial services claims.
Jason’s recent experience includes:
- Property damage claim: Successful defence of Supreme Court litigation against an insurer in relation to a large property damage claim which was declined on grounds of fraudulent non-disclosure and fraudulent misrepresentations. The proceedings involved complex underwriting and policy construction issues and evidence was required to establish fraud to the requisite standard of proof. Fraud was established and the plaintiff was subsequently declared bankrupt;
- Personal injury claim: Acted in the defence of a catastrophic personal injury claim involving a plaintiff who suffered paraplegia. Liability was attributed to a system of work which was impugned against an insured contractor. Liability was significantly contested and the matter was resolved by negotiation well in advance of trial;
- Life insurers and superannuation trustees: Advising and acting for life insurers and superannuation trustees in defending a large portfolio of litigated claims in the NSW Supreme Court, Equity Division. Many of these claims involve alleged incapacity attributed to Post Traumatic Stress Disorder and other mental illness conditions;
- Product liability claim: Advised and acted in a litigated product liability claim involving a minor who ingested a toxic substance. The insured was a national distributer of the product which was imported. A cross-claim was successfully prosecuted against the overseas manufacturer and this proceeded to an enforcement application in a foreign jurisdiction and associated recovery action; and
- In addition, Jason regularly advises on claims determination processes, disputes and complaints referred to the Financial Ombudsman Service, Superannuation Complaints Tribunal and other IDR and EDR forums.