Atty. Peter Moriarty

Peter has more than 25 years experience in insurance and risk management, practising primarily on behalf of insurers, self insurers, underwriting agencies and claims managers in Victoria, Queensland and the United Kingdom. He has advised in respect of all aspects of insurer portfolios including:

• Interpreting policies and updating policy wordings to meet drafting deficiencies and changed underwriting circumstances;
• Advising on the effect and reach of legislative provisions, including the Insurance Contracts Act, the Trade Practices Act, the OH&S Acts, the Privacy Act, the Corporations Act, the financial services reform legislation and the national proportionate liability reforms, as well as the application of the General Insurance Code of Practice and the operations of the Insurance Ombudsman and FICS;
• Claims management in respect of construction and engineering disputes, professional malpractice (including architects, engineers, surveyors, valuers, real estate agents, insurance brokers, accountants, financial planners and medical providers), directors and officers, liability, marine/transit, travel, property and business interruption; and
• Managing below deductible claims and recovery actions.

Two of the more notable matters in which Peter has been involved were acting on behalf of the Melbourne Aquarium in defence of the group proceedings arising out of a Legionella Outbreak, and acting for Sergi Cranes in respect of the collapse of a railway overpass at Geelong during construction.

Peter also provides corporate risk management advice and has considerable experience in:

• Undertaking due diligence analysis on behalf of commercial clients of liability exposures and insurance arrangements on merger/acquisition and/or upon insolvency;
• Advising concerning the construction of contractual risk, liability and insurance clauses, particularly in relation to development/building contracts and commercial leases;
• Advising as to legal compliance/corporate governance and risk management generally, particularly having regard to the increasing responsibilities of directors and officers; and
• Advising clients on insurance policy interpretation issues, particularly in respect of indemnity questions

Peter has presented seminars to in-house corporate counsel and insurers, two recent papers being Risk, Liability and Indemnity Clauses in Commercial Leases, and Recent Developments in Proportionate Liability. Prior to joining Turks Peter was responsible for the bi-monthly publication of a national commercial insurance newsletter.