Insurance Litigation
With over 60 years’ acting for major Australian and international insurers – we know how the industry works. Now we can act for you, the policy holder.
Elit Lawyers by McGirr & Snell is one of Australia’s only law firms with more than 60 years’ experience acting for major Australian and international insurers who can now act for policy holders. We know how the industry works; and now we can act for you.
Unlike many law firms who are conflicted from acting for policy holders due to their ongoing representation of major insurers, we do not have this limitation. We understand the full spectrum of issues faced by policy holders and know how to enforce the rights of policy holders to achieve maximum insurance recovery. We are highly regarded for providing top-tier strategies and outcomes in the interests of policy holders without the big firm costs.
Our team, led by industry veteran Robert McGirr and award-winning litigator Danielle Snell, believe that policy holders should be treated fairly and we fight to ensure that insurance companies pay policy holders what they are contractually entitled to.
Decisions made by insurance companies are not always correct and we have significant experience challenging insurers in all Australian jurisdictions, including the Supreme Court of Victoria, Federal Court of Australia and High Court of Australia.
Our expertise lies across traditional and non-traditional insurance service lines, including: Business Interruption Insurance; Property and Product Insurance; Public Liability; Director & Officer Insurance, Professional Liability Insurance including claims for and against professionals and Cyber Insurance, Builders Warranty Insurance and Life Insurance.
Through embracing the spirit of entrepreneurship and modern collaboration we have adopted a model where our clients are at the centre of everything we do and become part of the journey, rather than removed from it.
We have a high success rate of settling cases prior to trial and navigating expectations of various stakeholders in litigation to strategise and negotiate smart commercial outcomes.
Expertise
Managing litigated and non-litigated claims on behalf of policy holders against insurance companies in all Australian Court jurisdictions
Advice on insurance policy coverage at inception, renewal stage or claims stage
Advice on strategies to achieve maximum insurance recovery
Advice on insurance arrangements in the context of mergers, acquisitions, and other types of corporate transactions including the transfer of risk and representation and warranty insurance
Insurance contracts advice
General insurance advice
Preparation of insurance claims submissions
Assisting with responses to incidents and events
Challenging declinatures of indemnity by insurers on behalf of policy holders
Reviewing and enforcing insurance related deeds of indemnity
Issuing complaints against insurers both internally and externally to the Australian Financial Complaints Authority
Representing policy holders at mediation and arbitration
Expertise
Since the firm launched, Elit Lawyers by McGirr & Snell have won multiple awards, including:
Managing Partner of the Year - Winner
Law Firm Leader of the Year <100 employees - Winner
Litigation Team of the Year - Finalist
NewLaw Firm of the Year - Finalist
Boutique Firm of the Year - Winner
NewLaw Firm of the Year - Finalist
Major Matters
Major Matters
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Latest Insurance Litigation News
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Navigating Insurance Policy Disputes: Policy holder Rights in Luxury Home Insurance Claims
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Levelling the playing field for insurance policyholders
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Insurance News: COVID-19 Business Interruption Insurance Decision in the HCA
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Is your Insurance claim being determined correctly and in a timely manner?
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When changing its position on indemnity as an insurer can be a breach of its duty to act with the utmost good faith
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Banksia; Lawyers and litigation funders ordered to compensate debenture holders – but can the $25 million in damages and costs be recovered?
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Is your business at risk due to insurance payout delays?
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Insurers encourage business interruption policy claims after High Court defeat
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Business Interruption Insurance: An Overview
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COVID19 and Business Interruption insurance
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"The best of the best plaintiff lawyers against insurance companies. We had a very tough and complex case and Danielle and her team settled with the insurance company for an optimal outcome."
Insurance Policy Holder
Home owner
The best of the best plaintiff lawyers team against insurance companies.
We had a very tough and complex case against insurance company that we lost our home and contents. After disappointing and frustrating process from another law firm and firing them we found Danielle Snell and her team.
They are very dedicated, knowledgeable, passionate and possess great communication skills. We couldn’t ask for more and settled with a optimal outcome.
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"It’s great to be able to confidently refer clients to someone who can help and support them, and to feel that they are receiving the best service."
Senior Adviser
Financial Planner
We are so glad to have you in our referral channel.
It’s great to be able to confidently refer clients to someone who can help and support them, and to feel that they are receiving the best service.
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"This was a “David v Goliath” fight as our dispute was with a large global corporation. The attention, compassion and guidance that Danielle and the team showed us was absolutely incredible."
CEO & Founder
National mental-health support organisation
We recently instructed Danielle from Elit Lawyers by McGirr & Snell to help with a legal dispute. As a small purpose led business, this was a “David v Goliath” fight as our dispute was with a large global corporation. This dispute was during a very emotional time as we were in the middle of a global pandemic, Melbourne’s sixth lockdown, homeschooling and no childcare – all while trying to keep our small business alive.
The attention, compassion and guidance that Danielle and the team showed us was absolutely incredible. I have 10 years legal experience myself and even with that, I was reluctant to litigate, especially during such a difficult time. However Danielle always gave us confidence in knowing that she was in our corner and always working for our best interests, so my reluctance was quickly appeased.
Today I am pleased to share that David defeated Goliath and we could not be more thrilled with the result we received thanks to Danielle and the team from Elit Lawyers. Danielle not only saved our company, but ensured that we could continue doing the good work we were previously and helping improve the lives and mental health of mothers across Australia.
I could not recommend Danielle and the team from Elit Lawyers more highly. I am *hoping* that I will never need their services again, but feel very reassured knowing they are there and always in my corner.
Thank you Danielle and team.
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"Elit negotiated a settlement which saw all proceedings against my company dismissed, with no order as to costs."
Owner and Managing Director
Major Transport Company
I was recently introduced to Elit Lawyers by McGirr & Snell by my former lawyers after they were required to cease acting for me due to a conflict of interest. The stakes were high as my company was exposed to multiple court proceedings. Elit Lawyers by McGirr & Snell impressed me so much. They went that extra mile and were able to negotiate a settlement which saw all proceedings against my company dismissed, with no order as to costs. I can’t thank Elit enough.
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"Danielle is a well-known and respected lawyer who knows how to handle difficult and intensive litigation."
Queens Counsel, Devers List
Victorian Bar
Danielle Snell is a very intelligent and impressive lawyer whom I have worked with in my role as senior counsel on various litigation matters. She is a well-known and respected lawyer who knows how to handle difficult and intensive litigation. Danielle combines a deep knowledge of the law across many practice areas with a practical approach to litigation, and is authentic and charismatic in her dealings with others.
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"Danielle and Robert demonstrate outstanding expertise and approach all matters methodically with a clear and practical focus..."
Chief Operations Officer
Peak industry body for fire protection
As Chief Operating Officer it is extremely important to work with lawyers who are easily accessible, honest and trustworthy. We have briefed Elit Lawyers by McGirr and Snell across various legal disciplines and now use them as our “go to” solicitors. Danielle and Robert demonstrate outstanding expertise and approach all matters methodically with a clear and practical focus on achieving the best possible result.