Jonathan Newby
Principal
- Level 14, 130 Elizabeth Street
- SYDNEY NSW 2000
- Australia
Personal and Professional Background
Jonathan practices in the area of contentious insurance and reinsurance.
He works extensively in the professional indemnity field, routinely defending professional risks such as accountants, architects, barristers, engineers, financial planners, mortgage brokers, project managers, quantity surveyors, residential and commercial property valuers and environmental risks.
Jonathan also specialises in product liability claims, with a practice handling claims from industrial and commercial usage, such as in the mining, agricultural and building industries, as well as disputes in the energy sector.
Jonathan offers particular expertise for insurers and underwriters in respect of policy coverage advice and the management of coverage issues and disputes, including acting as monitoring counsel.
Prior to commencing with McCabe Terrill, Jonathan worked in risk management for two years at a large US ski resort.
Current and recent experience includes:
- Advising reinsurers over a $1.4billion aggregated business interruption loss following the Bowen Basin coal mine floods;
- Acting for a barrister over the handling of a professional negligence action in a claim which tested the application of the Walmsley v Consentino principles to barristers;
- Acting for a project manager defending an attempt by a developer to recover monies it paid to settle an action against it by the Building Insurers Guarantee Corporation;
- Defending certain Lloyds Syndicates in a disputed coverage claim brought by an assured insurance broker over a matter said to be excluded by reason of a standard insolvency of insurer exclusion: Prestige Insurance Brokers v Certain Underwriters at Lloyds [2008] NSWSC 793;
- Acting for excess layer insurers in a disputed dual insurance claim where the primary layer is insolvent;
- Advising a London Market insurer in respect of a substantial business interruption/increased costs of working claim resulting from a series of power substation failures;
- Defending a firm of engineers over a claim regarding the drafting of technical specifications and its intended use according to industry practice;
- Representing a superintendant architect in five party litigation over the failure of a warehouse slab and defects in the adjourning office building;
- Successful defence of a Supreme Court claim against a mortgage broker: Kotevski v Perpetual Trustee Company Limited & ors [2009] NSWSC 954;
- Acting for commercial and residential valuers, for example the successful defence of a firm in respect of a subdivision valuation: Sovereign Capital v Real Property Group NSWDC 11 March 2010.