DAVID LEE

PARTNER

Email dlee@leeandlyons.com.au
Admission Date 6 July 1984

Professional Experience

David has extensive experience across all major lines of insurance including financial lines, professional indemnity, public and products liability, property and statutory classes.

Some particular examples of David's experience are as follows:

D & O / FI claims

  • Advising and acting on behalf of Directors and Officers of a publicly listed company in litigation launched by ASIC arising out of placement of risks with an unauthorised foreign insurer.
  • Providing coverage advice to an insurer in Supreme Court proceedings brought by a liquidator against former board members of a public company for allegedly conferring unauthorized benefits upon themselves.
  • Providing coverage advice and acting on behalf of Directors/Funds Manager in connection with ASIC investigations concerning alleged market manipulation and insider trading.

Professional Indemnity

  • Providing coverage advice and acting on behalf of an accountant in a claim alleging negligent advice concerning the tax implications of investing in a superannuation fund.
  • Acting on behalf of engineers in claims arising out of alleged defective construction of freeway.
  • Acting on behalf of professional indemnity insurer of a broking network in claims arising out of alleged underinsurance, misdescription of business and non disclosure.
  • Acting on behalf of institutional trustees in claims concerning alleged negligent administration and investment of funds.
  • Acting on behalf of the trustee of a common investment fund in a claim by a member of the fund alleging negligent administration and allocation of investments including, equities/derivatives, fixed interest, property and cash.
  • Acting on behalf of a professional indemnity insurer of a broking network in claims arising out of the Queensland floods.

Liability claims handling including the construction, heavy haulage and energy industries

  • Acting on behalf of underwriters of a global transport company in a claim arising out of contaminated oil being supplied to transformers of various energy and electricity utilities in locations around Australia.
  • Acting on behalf of a liability insurer of a multinational engineering company in a catastrophic claim arising out of earth movement works.
  • Acting on behalf of a liability insurer of an amusement park in a catastrophic claim arising out of the use of a roller coaster.
  • Acting on behalf of a liability insurer of a coal mine in the Hunter Valley in a catastrophic claim arising out of a mine collapse.
  • Acting on behalf of a liability insurer of a global confectionary company in a claim arising out of alleged contamination.

Property / Energy

  • Advising a Commonwealth Government agency on business interruption issues.
  • Advising underwriters of an aluminium smelter in relation to a $15 million subrogated recovery action against a Japanese based plant and machinery manufacturer.
  • Acting on behalf of the ISR insurer of a chocolate factory totally destroyed by fire including addressing possible recovery opportunities.
  • Advising the Lloyds market on ISR policy response issues arising out of teh Queensland floods with reference to coal mines.

Catastrophic Claims

David has extensive experience in the handling of catastrophic claims across statutory and liability lines including advising and assisting an insurer with the resolution of a claim concerning a ventilator assisted infant quadriplegic which resolved for a sum in excess of $25 million.

Professional and other relevant memberships

  • President of the National Board of AILA
  • Immediate Past Chair of the NSW chapter of AILA
  • Member of the Professional Indemnity Review Committee of a publicly listed company
  • Member of Risk Management Institution of Australasia
  • Australian Professional Indemnity Group
  • CPA from 30 November 1998
  • Accredited Commercial Mediator
  • Accredited Personal Injury Specialist
  • Member of The Institute of Company Directors
  • Served for 9 years on the New South Wales Law Society's Litigation Law and Practice Committee
  • Public Notary
  • Law Society of NSW