Marcus O'Brien

Full Profile

Marcus has 35 years’ experience in insurance law and commercial litigation. He is the practitioner that both Australian and London Market insurers and reinsurers trust with the most complex and challenging claims and coverage issues.

His practice has a particular focus on financial lines claims. He has acted in a broad range of professionals in the financial services industry and in major D&O claims. He has also acted in multiple class actions.

Marcus understands the need for careful in depth investigation in financial lines claims to identify the true cause of the loss and any misconduct or dishonesty. He believes that setting a clear defence strategy is crucial to achieving the best outcome.

Marcus is recognised in the 2022 edition of Best Lawyers Australia as "Lawyer Of The Year" for "Professional Malpractice Litigation" and as a Leading Insurance & Reinsurance practitioner in the 2021 Euromoney Insurance and Reinsurance – Expert Guide. Marcus has been recognised as a leading lawyer in the fields of Class Action Litigation, Insurance Law and Product Liability by Best Lawyers. He is also recognised by Doyle's Guide 2020 as a recommended lawyer in Professional Indemnity (Vic) and is recommended by Legal 500 for Insurance.

Experience

• Defending ASIC in a class action alleging misfeasance in public office in relation to the collapse of Storm Financial. The class action was struck out with an award for costs in favour of ASIC
• Acting for a financial planning body in defending two class actions concerning the failure of Westpoint and a class action arising from the failure of Timbercorp
• Acting on behalf of the Victorian Environment Protection Authority in defending Victoria's largest environmental tort class action. The case involved more than 700 class members and included 13 defendants
• Acting in directors and officers claims alleging breaches of directors duties including misleading and deceptive conduct, aiding and abetting and breach of fiduciary duty
• Defending a large variety of professional indemnity claims involving accountants, architects, construction managers, consultants, designers, engineers, financial planners and advisors, insurance brokers, real estate agents, solicitors, stockbrokers, superannuation trustees, town planners and valuers
• Defending product liability claims arising from alleged defects in consumer products including dishwashers, clothes dryers, air conditioners, gas heaters, foodstuffs, fire pumps, truck parts, automotive parts and concrete surfacing materials
• Acting for an excess layer insurer in a claim involving a manager of a superannuation trust. The claim involved errors in the calculation of benefits payable to the members
• Defending claims arising from alleged defective agricultural products including chemicals, UV stabiliser and seeds
• Acting in coverage disputes and claims arising under contract works policies
• Acting for state government departments and agencies and insureds in defending personal injury claims arising from occupiers liability
• Defending personal injury recovery claims brought by the Victorian WorkCover Authority
• Defending whistle blower claims against a government department