Paul Garnon | Partner B.Com (Finance) (University of NSW), 1991; LLB (University of NSW), 1991 t: 61 (2) 8231 6204 e: paul.garnon@curwoods.com.au   Public & Products Liability | Industrial Special Risk | Professional Indemnity

Main areas of practice

Insurance claims resolution with an emphasis on claims in the areas of public and product liability, ISR and professional indemnity with a focus on professionals in the construction sector such as engineers, architects and designers.

Background

Paul is an insurance litigation specialist with over 16 years’ experience advising on all types of insurance.  He has extensive litigation experience defending claims and bringing recovery actions on behalf of insurers.  Paul works on catastrophic and major personal injury as well as property damage claims.

He has advised on claims involving infrastructure projects, mining, commercial and domestic construction, transport and carriage of goods, retailers, manufacturers and agricultural enterprises.  Paul has expertise in claims relating to catastrophic fires, fraud and arson. 

Experience

Examples of Paul's experience:

• Defended the insurer's interests in a multi-million dollar claims involving a catastrophic explosion at a pet food factory in Gunnedah.
• Acted for an insurer on a complex faulty works claim involving waterproofing undertaken during the construction of a large aged care facility and which led to significant property damage and consequent financial damage.
• Defended the insurer's interests in a major claim involving the failure of a semi-autogenous gold ball mill causing huge consequential financial losses and involving complex questions about equitable contribution, the application of the Insurance Contracts Act to foreign policy insurance and issues of policy construction.  
• Acted for the manufacturer and supplier of chemicals in relation to the failure of a timber plantation resulting in a $47m claim. The company manufactured and supplied a weedicide which allegedly contaminated the plantation’s soil.  The claim was brought to an early and successful resolution at minimal cost.
• Acted for the supplier of outdoor leisure products in a recent High Court case involving the Nominal Defendant.  The scope of cover provided by a CTP policy was further tested.
• Acted for the manufacturer of a leading cricket helmet (favoured by the Australian Test Team).  The design and safety of the helmet was successfully defended.
• Acted for a large construction company, builders allegedly involved in demolition work which led to the destruction of the Bankstown City Council building by fire. Paul successfully negotiated an early release from proceedings in which property damage and business interruption claims exceeded $25 million.
• Currently acting for an insurer under a contracts work cover involving a French company, the subcontract engineers, who were involved in developing a substantial commercial site in Newcastle requiring the installation of structural piers. During the course of installing the piers there was a significant collapse which severely affected a neighbouring property requiring the property to be demolished and the matter is subject to WorkCover and other investigations.
• Currently acting for the lead insurer under a products liability policy involving grain storage silos in relation to a claim raising questions about defect in design, recovery against a US manufacturer, issues of proportionate liability and trade practices issues including merchantable quality and fitness for purpose. 

Professional activities

Member, Australian Insurance Law Association.

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