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James Makowiak

James Mah-koh-vee-ackSenior Associate
Sydney
About

James Makowiak is an insurance lawyer specialising in litigation, professional indemnity, cyber insurance and public liability.

James is driven by seeing clients get results. A team player at heart, he sees collaboration and transparency between client and lawyer as the key to achieving those results.

Having worked in insurance for the entirety of his professional career, James knows insurers and is sensitive to their reporting needs.

His experience spans across various types of insurance, from large-scale D&O indemnity disputes to providing privacy advice to Insureds following data breaches.

While appreciating the value of a good email, James picks up the phone and talks with clients as a priority. He has a keen interest In ensuring client needs are understood and that those needs are the driving force behind the handling of each matter.

EXPERIENCE

  • Acted in a large-scale Supreme Court D&O indemnity dispute between an Insured and 10 insurer defendants.
  • Successfully resisted an application to join an insurer client under the Civil Liability (Third Party Claims Against Insurers) Act 2017.
  • Acted and advised on numerous professional indemnity notifications, claims and litigated matters involving a suite of different disciplines ranging from white collar to construction.
  • Advised insurers on PI policy wordings and intersections with other types of risk including D&O and “silent cyber”.
  • Advising and acting on multiple (over 30) claims relating to potentially combustible Aluminium Composite Panel / polyethylene cladding. Advice includes consideration of assessment of Insured building practitioner’s potential exposure, contribution from other practitioners involved in the project in light of the Lacrosse Tower litigation and other recent cases, appropriate settlement strategy, threshold non-disclosure/misrepresentation issues, third party civil liability issues, responding to regulator disciplinary action and professional indemnity considerations.
  • Acted and advised defendant insurers on numerous personal injury claims in all Australian jurisdictions, including severe injury and wrongful death claims.
  • Provided legal advice to psychologists on potential claims through a free hotline established by an allied health insurer.
Education

    My latest insights

    Publication
    Website_Hero_Abstract_Architectural_Shapes_P_0031_Mono

    Acciona Infrastructure Australia Pty Ltd v Zurich Australian Insurance Limited [2023]...

    3 April 2023 .8 minute read

    Publication
    Mountains

    ASIC v RI Advice Group: Key lessons in cybersecurity for AFSL holders and ASIC’s plan...

    14 September 2022 .11 minute read

    Connect

    Phone

    +61 292868036
    (Work, Sydney)
    +61 406607644
    (Work)
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