Gareth Horne

Full Profile

Gareth’s particular focus is managing ‘big ticket’ insurance litigation and contentious disputes, including in relation to MD/BI claims, D&O/PI, political risk and specialty lines.

He has experience, as both defence or coverage counsel, including in class actions, claims involving breach of director duties, insolvency and negligence, Australian Consumer Law and contract claims, as well as public inquiries and Royal Commissions.  His first party property and business interruption experience includes acting for insurers on claims in the mining, commercial property, manufacturing and energy sectors and catastrophe insurance and reinsurance claims arising from earthquakes, bushfires and windstorms. Gareth also frequently acts in subrogated recovery claims and litigation against third party wrongdoers.

Gareth has been recommended by numerous directories including Legal 500, Best Lawyers, Chambers and Doyle’s Guide. He is also a faculty member of the Australian College of Insurance Studies and represents Australia on Clyde & Co’s Global Insurance Executive Committee.

He is recognised as an industry leader and has a strong commitment to thought leadership. He has presented at major industry events or to significant industry bodies, including Underwriting Agencies Council, ANZIIF Convention, AILA Conference and the Lloyds Market Association.

Experience

Major & Complex Liability

• Acting for a primary D&O insurer and follow market, in relation to insolvency-related proceedings with losses.
• Defending a financial institution in class actions involving breach of corporate trustee duties.
• Acting for insurers as coverage counsel on a project-specific liability policy, for losses arising from a major fire causing damage to works under construct.
• Acting as coverage counsel on a vast number of securities and consumer class actions.
• Acting in political risks and specialty claims involving compulsory acquisition of assets and/or political violence events in Asia, Russia and Africa.
• Advising insurers on several corruption related public inquiries.
• Acting in defence and coverage roles with respect to a range of insolvent trading and voidable transaction claims under the Corporations Act.

Property/Energy, Political Risk and Specialty

• Gareth led the Australian insurance industry’s response to COVID Business Interruption, including through the establishment of the industry test cases and acting in subsequent COVID BI claims including the defence of class actions.
• Advising insurers on policy response in respect of business unit claims arising from flooding, derailment and earth movement events at major mining facilities in Queensland, Western Australia and the United States.
• Advising on major property damage claims associated with major renewable energy projects in Australia.
• Advising on property and business interruption losses arising from a series of factory collapses due to a major hailstorm event.
• Advising insurers and reinsurers in relation to coverage issues associated with bushfire, and flood/windstorm catastrophes, as well as claims associated with the trigger of non-damage BI extensions.
• Defending an Aggregate Stop Loss reinsurer in litigation arising from catastrophe losses suffered by a captive.
• Acting for insurers in a range of claims arising from damage to rail assets and stock, from derailments and natural catastrophe events.
• Advising insurers on property losses arising from a catastrophic factory fire.
• Acting in recovery litigation for an insurer pursuing recoveries against a catastrophe pool for losses arising from the Christchurch earthquakes.