David Muir

Profile

David is a specialist in insurance litigation and advice, having practised in the area since the late 1980s.  David is recognised as an adviser on policy response and Insurance Contracts Act compliance.  He handles large professional negligence, public liability, ISR /Contracts Works and fraud claims, particularly arson fraud.  David works with local and international insurance companies and insurance brokers. 

Through his involvement in industry organisations, David has a broad knowledge of his client’s needs and the context in which they do business.  He thinks strategically when handling claims and providing claims advice.  David is results focused, with the main focus being to obtain the best outcome for his clients in a timely manner. 

David's expertise is recognised amongst his peers.  He has been recognised as a leading industry figure by the Asia Pacific Legal 500 and has been awarded an inaugural life membership of the Queensland Association of Fire Investigators.  He was a founding director of Crime Stoppers Queensland Limited and later became chairman of the board.  He has served as honorary solicitor for the Council of Queensland Insurance Brokers.  David has been invested as a Knight of Honour of the Order of St John of Jerusalem in recognition of his community work. 

Relevant Experience:

• Childers Backpacker Hostel fire – acted for the property and liability insurer of the Palace Backpackers Hostel in investigation of the circumstance of the fire and policy response and in defence of group claims arising from the fire.
• Australian Stations – acted in the defence of a claim for nervous shock made by the parents of a Jackaroo who perished while in the employment of a previous owner of a remote cattle station, with a hearing ultimately in the High Court of Australia. 
• Westpoint – acted in defence of group claims against financial planners following the collapse of the Westpoint Group with conduct of a hearing before the Court of Appeal, Supreme Court New South Wales.
• Pertzel – acted in defence of estoppel claims arising under the Motor Accidents Insurance Act with conduct of a hearing before the Court of Appeal, Supreme Court Queensland.

David has presented various industry papers including:

• August 2009 – “Insurance Legal Issues Update” – speaker at AICLA Seminar.
• May 2009 – “High Level Living” (review of insurance issues for body corporates) – speaker at CQIB Convention.
• November 2008 – “Civil Liability Act 2003” – speaker at Lexis Nexis Seminar.
• June 2007 – “Professional Indemnity Developments in Australia” – speaker at Lloyds Seminar.
• May 2007 – “Being Ad Idem on Lease Issues (Same Mind)” – speaker at CQIB Convention.
• May 2005 – “Brokers and Lawyers” – where does broking advice stop and legal advice start?” – speaker at CQIB Convention.
• May 2005 – “Contracting out of Liability, How and When” – speaker at CQIB Convention.
• April 2005 – “Insurers Keeping a Level Head in a Favourable Market, Looking Outward for Growth Options” – contribution towards article for the Insurance Asia Review.
• November 2004 – “A Practical Analysis of Estoppel Issues” – speaker at Lexis Nexis Seminar.
• February 2004 – “General Insurance Law – An Annual Review” – speaker at the Australian and New Zealand Institute of Insurance and Finance Seminar.