Full Profile
Desmond has extensive experience in insurance litigation, employees' compensation, personal injury and public liability claims.
He regularly acts for employees' compensation, public liability and motor insurers in defending claims arising out of industrial, personal and traffic accidents and pursuing recovery actions against tortfeasors.
He also regularly advises on insurance issues such as policy coverage, double insurance, contractual / policy indemnity clauses and repudiation of policy liability due to breach of policy terms.
In addition, he handles aviation claims.
Experience
- Insurance policy - Advising insurer on a block insurance policy covering employees' compensation, public liability and group personal accident taken out by the Education Bureau of the Hong Kong Government for all aided schools
- Insurance policy - Advising public liability insurers on double insurance and contractual indemnity in cases involving cleaning contracts. Successfully defended policy claims by principals and asked them to contribute to the settlement sums
- Insurance policy - Advising insurers on late notification issues. Successfully sought contribution from insureds (one of them had even been dissolved by deregistration after the accident)
- Employees' compensation claim - Acting for insurer in an employees' compensation claim involving the interpretation of "accident" in the ECO. Successfully defended in the CFA with costs against the claimant
- Personal injury claim - Advising a corporate group operating supermarkets and convenience stores in Hong Kong in a number of work injury claims. In some cases, successfully asked the claimants to withdraw their claims
- Personal injury claim - Acting for insurer of a construction site principal contractor and subcontractor in a work accident involving the use of ladder. Successfully defended the claim with costs against the claimant
- Personal injury claim - Acting for insurer of a charitable organization in a work accident involving the handling of wastes. Successfully defended the claim with costs against the claimant
- Personal injury claim - Acting for insurer in a work injury claim by a paraplegic claimant claiming over HK$35 million
- Insurance claim - Advising on contribution issues between co-defendants in personal injury claims. Successfully sought contribution on claim and costs from co-defendants
- Aviation - Acting for different airlines in a number of personal injury and property damage / loss claims by passengers. Advising an airline on the drafting of their General Conditions of Carriage (involving issues regarding the application of different conventions)
