Mitchell McMartin

Full Profile

Mitchell is an experienced insurance and regulatory lawyer, specialising in advising the insurance industry (as coverage and defence counsel) on high profile and strategically important claims. Mitchell also assists the industry with its response and adaptability to emerging regulatory issues.

Mitchell specialises in directors & officers’ liability, professional indemnity, business interruption and warranty & indemnity disputes. He has represented financial services companies, manufacturers, construction and hospitality companies in regulatory investigations and inquires before ASIC, the Financial Services Royal Commission, the NSW Coroners Court and WHS prosecutors.

Mitchell also regularly advises clients on corporate, commercial and consumer law matters. He assists clients with navigating the changing regulatory environment affecting their business and has a focus on the long-term strategic implications for their business.

Mitchell has been recognised as a finalist in the Lawyers Weekly Australian Law Awards (2018) and has been actively involved in NSW Young Lawyers.

Experience

• COVID-19 Insurance Response – Advising the insurance industry and various insurers on their responses to COVID-19 claims under business interruption, landlords, travel insurance and accident & health income protection policies, including strategies for efficient claims management
• Business Interruption Insurance – Acting for various insurers in the First and Second AFCA Test Cases which considered the application of policy triggers, exclusions, trends and adjustment clauses to COVID-19 business interruption claims
• Directors & Officers – Acting as coverage counsel for various insurers on claims made under a directors & officers policy in the context of an insolvency of a publicly listed construction company
• Warranty & Indemnity – Defending a claim under a warranty and indemnity policy in response to a dispute about alleged breaches of the accounts warranties in an M&A transaction
• Investigation: Authorised Representatives – Advising an insurer on its investigations into the misconduct of an underwriter employed by an authorised representative, including coverage advice on trade credit claims arising from those policies
• Regulatory: Coronial Inquest – Acting for a global vehicle manufacturer in a high profile NSW Coronial Inquest into Australian deaths and injuries involving Takata Airbags, including investigations into industry and regulatory recall responses
• Regulatory: Financial Services Royal Commission – Acting for a life insurance intermediary with its response to the Financial Services Royal Commission’s requests for information and appearance at the public hearings as a nominated case for the life insurance industry
• Regulatory: ASIC Investigation – Acting for a life insurance intermediatory on its response to an ASIC investigation into its operations and compliance with its financial services licence conditions
• Regulatory: Compliance – Advising various insurers on the compliance of their service provider arrangements with APRA’s Prudential Standard CPS 234, including advice on industry best practice for information security