Andrew Cheetham

Andrew Cheetham

Title:
Partner

Expertise:
Insurance

Location:
Brisbane

Phone:
+61 7 3169 4785

Email:
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Andrew is a Partner in HWL Ebsworth's Brisbane Insurance group.

For over 15 years, Andrew has specialised in advising insurers on large and complex claims in a number of jurisdictions including Queensland, Victoria, New South Wales and federally.

Andrew successfully represents insurers as defence and coverage counsel and takes instructions from the Australian, London and Asian insurance markets in disputes involving professional negligence and breaches of contract, directors' and officers' insurance, business interruption and ISR policies.

Experience

    Financial Lines

  • Acting for a US-based international insurer as coverage counsel with multi-policy exposure following the financial collapse of one of Australia‚Äôs largest private infrastructure projects. The coverage role involves the protection of underwriting interests against risk in an environment of external administration;
  • Acting as coverage counsel for a US-based international insurer in a prosecution brought by a Commonwealth statutory authority against an online retailer for contraventions of the Competition and Consumer Act 2010 (Cth);
  • Acting for a group of international underwriters as first excess insurers in an $80 million professional negligence claim made against a prominent Queensland professional services firm. The complex multi-party claim involves not only questions of breach of retainer and common law duty, but also complex claims involving breaches of fiduciary duty;
  • Acting on instructions of international insurers in defence of directors and officers in regulatory proceedings for the imposition of fines and penalties due to breaches of statutory obligations; and
  • Acting for a London-based international insurer providing primary layer insurance as coverage and defence counsel to investigate and defend multiple commercial claims made against property valuers. Most claims are litigated and involve complex issues of causation, contribution and quantum regarding the implication of several layers of insurance.

  • Casualty

  • Acting in defending personal injury claims for professionals and resources companies pursuant to the Personal Injuries Proceedings Act 2002 (QLD);
  • Acting as coverage and defence counsel for US based international insurer in respect of loss caused by the failure of 2 generators installed at a Power Station.  The generators were manufactured and installed by the insured. The Power Station suffered severe fire damage which caused major property loss and a total disruption to the power supply that caused significant ancillary BIR losses; 
  • Acting for London based international underwriter to investigate and ultimately defend a catastrophic personal injury claim involving a subcontractor who sustained a 20,000 volt electric shock. The claim involves numerous third parties that had the management and control of the subcontractor;
  • Acting as defence counsel for an international manufacturer of explosives after a chemical spill contaminated surrounding land. The claim involved significant business interruption losses and property damage under an ISR policy;
  • Acting for a major primary industries underwriter in relation to significant quarantine breaches by an insured which included not only multi-million dollar first party loss but also pure economic loss and damage experienced by large numbers of third party businesses; and
  • Acting for publicly listed and self-insured Australian manufacturer in third party claims arising from alleged noise pollution and injury claims arising from same.

  • Construction, Engineering and Architects

  • Acting as defence counsel in a dispute involving a publicly listed insured that provided structural and civil engineering services for the construction of a major hotel complex in PNG;
  • Acting for a London-based international underwriter in a multi-million dollar claim by a state-government authority against a national firm of architects. The claim concerns the impact of the allegedly defective design and construction of a major allied-health facility. The claim involves complex, multi-party liability and contribution issues;
  • Acting for underwriters of engineers in a multi-million dollar Supreme Court proceeding involving allegations of defective design and construction of major highway drainage system. Dispute required careful management of multi-party commercial relationship;
  • Acting for industrial manufacturer in civil and regulatory complaints about noise and air-borne pollutants as a result of site abutting residential development;
  • Acting as coverage counsel to report on issues in contract works dispute involving lack of compliance in fire retardant system installed in industrial premises; and
  • Acting in multi-million dollar design and construction claim involving structural defects in under ground car park and drainage system in multi-level residential complex.
Qualifications
  • Bachelor of Arts (Uni of Syd.)
  • Diploma of Law (LPAB - Uni of Syd.)
Professional Memberships
  • APIG
  • QLS
  • AICD