Nicole is a major and complex insurance litigator based in the Sydney Insurance team. She is a specialist in D&O coverage and defence matters. Nicole works across the Clyde & Co network for insurance clients in Australia, New Zealand and Europe.
Nicole is a major and complex insurance litigator based in the Sydney Insurance team. She is a specialist in D&O coverage and defence matters. Nicole works across the Clyde & Co network for insurance clients in Australia, New Zealand and Europe.
Since joining Clyde & Co in 2015, Nicole has acted for insurers in several significant D&O and PI coverage matters, including significant class actions. Nicole also regularly acts in direct defence for D&O and PI defence, complex first party property and subrogated recovery actions.
Nicole has a particularly strong background in acting for large markets of insurers and is a known quantity in both the Australian and London markets for her strong skills in managing intraparty disputes.
Nicole has also leveraged her unique D&O skills to manage complex and high-profile defence and recoveries matters in both Australia and New Zealand. She also has experience with reinsurance claims and advice.
Prior to settling in complex insurance, Nicole also gained experience with our corporate and regulatory teams and has experience with M&A and portfolio transfers for insurers. Prior to joining Clyde & Co in 2015, Nicole spent several years as a trainee at a leading insurance law firm.
Expérience
Coverage
Acting on behalf of insurers with respect to multiple D&O class action proceedings arising from the Royal Commission into Financial Services
Acting on behalf of primary and excess insurers in respect of six interrelated proceedings focused alleged breaches of director’s duties and solvency obligations of Australia’s largest iron ore producers
Acting for insurers in respect of directors' claims arising out of one of Australia’s largest Ponzi scheme collapses
Providing coverage advice regarding commercial litigation disputes, specifically with reference to the Corporations Act
Acting for third-party liability insurers in relation to a suite of contentious claims and coverage litigation pursued following the fire at the New Zealand International Convention Centre;
Acting for insurers in respect of retrospective claim for defence costs arising from prosecutions in Germany arising from misuse use of statutory health insurance premiums
Defence
Acting for insurers on contentious joinder applications
Acting for a bank in defence of three class actions in the Federal Court of Australia with a particular focus on the scope trustee’s duties to superannuation fund noteholders
Acting in respect of a protracted multiparty dispute arising misleading and deceptive conduct under the TPA/ACL
Acting for insured directors with respect to misappropriation of company funds
Acting in defence of directors in respect of breaches of fiduciary duties for trading whilst insolvent
Recoveries
Acting for an insurer on a protracted recovery action against the New Zealand government arising out the 2011 Christchurch Earthquakes.
Acting for insurers relation to complex clawback claims arising out of multiparty disputes in the Cayman Islands and Hong Kong.
Corporate and Regulatory
Acting on the merger and Federal Court approval of two of the largest global insurance companies
Acting on intra-group portfolio transfer of an international insurer's book of business as part of a consolidation of the two Australian entities of the international group