Guy Narburgh

Practice Areas

Guy is a commercial lawyer with strong expertise in insurance and class action litigation.

Guy has over 20 years’ experience in insurance and reinsurance in Australia and London, and specialises in complex insurance claims and front-end insurance advice for policyholders.

Guy works with local and global corporate policyholders (many ASX-listed) across multiple sectors, with a particular emphasis on property and construction, financial services and energy/resources, and advises on a broad range of policy types, including directors' and officers' liability, Industrial Special Risks (property damage and business interruption), contract works, public liability, professional indemnity, political risk, trade credit, pollution liability and warranty and indemnity. Clients have described him as a “valuable partner” and “trusted voice within the business” with “unique and broad ranging skills”.

Guy is particularly recognised for his expertise in directors’ and officers’ (D&O) liability insurance and is a Contributing Author to Class Actions in Australia (3rd ed), contributing a new chapter on insurance and class actions. He is individually ranked by Chambers, recognised as a Rising Star in Legal 500 and included in the Australian Financial Review’s Best Lawyers and the Acritas Stars database. He is also a four time finalist for Special Counsel of the Year in the Lawyers Weekly Australian Law Awards.

Guy also acts for defendants in insurance-related professional negligence claims and shareholder and consumer class actions.

Background:

Guy holds a Master of Arts in Law from Corpus Christi College, Cambridge.

Guy is admitted in the Supreme Court of New South Wales, and the Federal and High Court of Australia. He is also admitted as a Solicitor in England and Wales.

Guy is a member of the Australian Insurance Law Association and the Risk and Insurance Management Society.

Work Highlights

A major global property group in relation to numerous contract works, public liability, pollution liability and professional indemnity insurance claims across its business.

Numerous ASX-listed clients in relation to insurance recoveries arising out securities class actions, product liability class actions and regulatory investigations and claims (ASIC, ACCC, ICAC, Senate Committee, AUSTRAC).

Acting for JLT in defending two class actions arising from its local government business. All allegations were dismissed in the NSW class action in December 2022 (Richmond Valley Council v JLT Risk Solutions Pty Ltd [2022] NSWSC 1761).

A global insurance and reinsurance broker in relation to a professional negligence claim arising from a global property insurance program.

Complex insurance coverage and transfer issues for major transactions, including the sale of a $2.15 billion services business and a $2.1 billion loan portfolio, and the sale/restructure of a $9 billion property fund business

insurance issues in relation to Macquarie Bank's unsolicited proposal for Martin Place Metro Station.

Contentious/claims:

Acting for Murray Goulburn in relation to the recovery of defence costs from a shareholder class action under a D&O liability insurance policy. Murray Goulburn made a full recovery of the costs, plus interest (Murray Goulburn Co-operative Co. Limited v AIG Australia Limited [2021] FCA 288).

Acting for Sphere Healthcare in proceedings in the NSW Supreme Court in relation to a property damage claim resulting from a factory fire.

Acting for Port Waratah Coal Services Limited in proceedings in the NSW Supreme Court in relation to a recovery under a contract works insurance policy arising from water damage to a coal terminal.

Advising the Commonwealth Bank of Australia in relation to a $135 million recovery under a professional indemnity insurance policy in respect of a civil penalty and legal costs.

Advising a construction joint venture in relation to professional indemnity insurance recoveries relating to a road project.

Advising a dual-listed investment bank in relation to the recovery of environmental clean-up costs under a public liability insurance policy arising from a catastrophic fire.

Advising an Australian construction company on Construction All Risks insurance recoveries and related insurance issues arising from damage to a gas terminal wharf.

Non-contentious/transactional:

Advising clients (many ASX-listed) on policy wordings and coverage enhancements as part of renewals or major projects.

Advising on defensive D&O strategies in the context of threatened or actual takeover bids.

Advising on the preservation of D&O assets in the context of corporate distress and insolvency.

Advising on deeds of access, indemnity and insurance.

Acting for Moorebank Intermodal Terminal (a Commonwealth Government Business Enterprise) with respect to its establishment and the planned delivery of the Moorebank Intermodal Terminal in south-western Sydney, advising on various insurance and contractual indemnity issues which arose on the project.

Advising Veolia on insurance and contractual indemnity issues arising on a proposal to finance, design, construct, commission, operate, maintain and hand over two commercial-scale salt encapsulation facilities in connection with the Queensland Curtis LNG project.