Insurance

When risk management and commercial outcomes matter most, you need advice that's grounded in real insurance experience.

Overview

Clayton Utz provides good communication and engagement between the firm, the insured and broker to ensure the ultimate advice is valuable and actionable. 

– Chambers Asia-Pacific

If you're a corporate or government client, director or officer, our Insurance & Risk team helps you manage liability risk, resolve insurance and indemnity claims, and navigate coverage disputes. We work with you to strengthen your protective arrangements, resolve disputes efficiently, and maximise recovery.

If you're an insurer, we help you manage pivotal transactions and navigate complex regulatory compliance, reinsurance and emerging risk issues – so you can move forward with confidence, even as the landscape shifts.

Whatever your position, you get advice across all classes of insurance and related risk management – from front-end advisory work through to claims and coverage disputes. Our team includes some of Australia's most highly regarded insurance lawyers, some of whom have held senior industry roles, so the advice you receive is grounded in real commercial insight, not just legal theory. That means practical, solution-focused counsel from a Band 1 Chambers team that responds to your changing risk landscape, evolving regulations and market pressures.

Capabilities

Acting for policyholders in contentious coverage disputes, and insurance and indemnity claims in complex proceedings and class actions. We combine strategic dispute resolution with deep insurance expertise to deliver commercially sound outcomes for policyholders.

Advising on all classes of insurance for ASX listed companies and large corporates, including:

  • Public and product liability
  • Professional indemnity (PI)
  • Directors' and officers' liability (D&O)
  • Cyber
  • Property / ISR
  • Contract works
  • Construction liability
  • Crime
  • Marine transit
  • Warranty & indemnity (W&I) insurance
  • Other transactional risk solutions

We conduct efficacy reviews across programs to ensure coverage keeps pace with evolving risks and regulatory requirements.

Advising on D&O liabilities, including maximum foreseeable loss scenarios for claims affecting multiple board members, drafting Deeds of Indemnity, Access and Insurance, and structuring D&O programs for ASX listed companies and large corporates, including coverage for regulatory investigations, class actions and shareholder claims.

Advising on cyber risks, data breaches, mandatory breach reporting and cyber insurance. We help clients navigate complex coverage issues and implement risk transfer strategies that address gaps in traditional programs as cyber threats evolve.

Advising on:

  • Facultative and treaty reinsurance
  • Retrocession and collateral arrangements
  • Captive insurance and multi-jurisdictional fronting programs
  • Discretionary mutuals
  • Insurance linked securities and catastrophe bonds
  • Commutations and portfolio transfers
  • Parametric risk funding and transfer structures

Recognition

Clayton Utz brings strength in insurance and financial services law, offering strategic insight into regulatory compliance, cyber risk and directors' liability.

– Chambers Asia-Pacific

  • Band 1 – Insurance: Policyholder, Chambers Asia-Pacific 2026: recognised as the foremost policyholder-centric insurance practice in Australia for complex coverage matters.

  • Band 1 – Insurance: Insurer (Non-contentious), Chambers Asia-Pacific 2026: recognised for market leading advice on transactions, regulatory, governance, reinsurance and product distribution matters.

  • Tier 2 – Insurance, Legal 500 Australia 2025: noted for technical excellence across contentious and non-contentious insurance matters, with strong client endorsements.

  • Leading individuals, Chambers Asia-Pacific 2026: senior practitioners ranked for depth of industry knowledge, commerciality and long standing insurance market relationships.

Our team to support you

Toolkits

Insights
ASIC v Bekier: Ten D&O insurance and indemnity considerations
19 Jun 2026 | Article
Read Insights
It's the Policy wording stupid, again!
20 Jan 2026 | Article
Read Insights
From theory to enforcement: APRA’s use of FAR in the Xinja disqualifications
17 Oct 2025 | Article
Read Insights
Victoria's building reforms and their impact on the domestic building insurance market
2 Oct 2025 | Article
Read Insights
APRA's 2025-26 Corporate Plan: Key implications for financial services
28 Aug 2025 | Article
Read Insights
Unconscionable, but insurable: Federal Court allows claim under D&O insurance for unconscionable conduct penalties
4 Jun 2025 | Article
Read Insights
ASIC's latest enforcement action against FIIG Securities for cybersecurity failures a warning to AFSL holders
18 Mar 2025 | Article
Read Insights
CPS230: prepare for APRA's incoming operational risk management standard by refreshing outsourcing processes and contracts
6 Mar 2025 | Article
Read Insights
Where to now? The High Court weighs in on abuse claims
5 Dec 2024 | Article
Read Insights
ASIC v HCF: Is it misleading to propose a contractual term that is partially enforceable?
15 Nov 2024 | Article
Read Insights
CrowdStrike outage: will cyber insurance respond?
30 Jul 2024 | Article
Read Insights
Financial Accountability Regime: ASIC and APRA issue final rules and information for insurers and superannuation providers
18 Jul 2024 | Article
Read Insights