December 2010 Issue

21 December 2010

Welcome to the December Edition of the Proclaimer

(There is a surprise somewhere in this newsletter… keep reading…)
 
Yes, it’s that crazy time of the year again! We understand that everyone has a lot on, but this issue is definitely worth the read.

Articles in this edition include:

• Recent case law: Arabi Decision – showcases the great results achieved through Proclaim involvement and cooperation between defendants
• Client Survey Results: “The Good the Bad and the …”
• Networking Fun!
• A year in review in the land of OZ
• Melbourne on the move
• New Faces to join the Proclaim Team

We wish you all the very best for the silly season and look forward to seeing everyone in 2011!
 
P.S.  Don’t forget to keep to an eye on our website for upcoming events.

Plus. We welcome your ideas, suggested topics on interest for articles next year, just email your thoughts or questions to jstone@proclaim.com.au

 

The significance of the Taleb Arabi Court of Appeal Decision & why co-operation between defendants is critical- Laika Hussein
 

2010 has marked the year of ‘landmark decisions’ for cleaning companies from the Court of Appeal and Proclaim had the privilege of managing the claim of Arabi v Glad Cleaning Service Pty Limited (2010) NSWCA 208 for Centro (CPT) and  Glad Cleaning Service Pty Limited (and their insurer).

This decision concerned whether there was an adequate cleaning system in place at the time of the plaintiff`s accident and further, if there had been a breach of duty whether it was causally related to the plaintiff`s injuries.  It clearly determined that when an adequate system of cleaning exists, then defendants can be absolved from all liability.

The defence strategy of the separate defendants in this case was telling.  Both the occupier (the Centre owner) and the contractor (cleaner) agreed that the best way to manage and resist the claim was to work together – so they ditched the traditional adversarial approach between defendants and worked together in an attempt to show there was an adequate system of cleaning.  

Mr Arabi (the plaintiff) commenced proceedings in the District Court of New South Wales against both the occupier of the shopping centre (CPT) and the company responsible for the cleaning at the Centre (Glad), (jointly the defendants) as he alleged on 31 May 2006, he slipped and fell on a pedestrian ramp at the Bankstown Centro Shopping Centre, sustaining injuries to his right knee.

It was the plaintiff's evidence that he was walking up the ramp, talking on his mobile phone when he approached the landing and his right leg slipped and he fell forward landing on his knees. The plaintiff required two right knee arthroscopies as a result of the injury. The plaintiff indicated that he did not see any liquid on the ramp prior to his fall. However, after the accident he noticed a sticky substance of an orange or brown colour about one metre square on the ramp where he slipped.
 
At first instance, this matter was heard by the late Goldring DCJ. His Honour considered that the real issue in terms of breach of duty was whether the system of cleaning was reasonable. His Honour found that the system of cleaning of approximately every 15 or 20 minutes was reasonable. As such, no breach of duty of care had been demonstrated as in this case the evidence did not demonstrate that the spill had probably been unattended for a period longer than a minute or two although it is possible that the spill had been there longer.

The plaintiff appealed this decision, noting a failure by the District Court to provide sufficient reasons for finding that the system of cleaning was reasonable and therefore involved no breach of the duty owed to the plaintiff.
His Honour Sackville AJA delivered the unanimous decision of the Court of Appeal and stated the critical issue was “whether the plaintiff had proven that the defendants had failed to take such precautions against a risk of harm to the plaintiff as, in the circumstances, a reasonable person in the position of the defendants would have taken”, as required under s 5B(1)(c) of the Civil Liability Act (the Act) 2002.

Ultimately, the Court of Appeal found that the plaintiff had not satisfied the burden of proving that the defendants had breached their duties in relation to cleaning, and the defendants’ costs were ordered to be paid by the plaintiff. 
This case highlighted the importance of co-operation between all defendants and the relevance of sharing information with all parties at the earlier stages of a claim to achieve the best claims results and to ensure risk is effectively measured. Early collection and assessment of accident information is key and if you rely on co-operative relationships at the front end rather than contractual clauses at the back end, ultimately you take control of the claims process and then achieve better results.

At Proclaim, we favour co-operation between prospective defendants because
a. it provides defendants with the best possible prospect of success against a plaintiff (where they are working together rather than undermining each other) and b. It minimises potential cost exposures if claims escalate and you are fighting both claimant and co-defendant.

With co-operation, it is critical to have transparency and sharing of information as an extension of the business relationship to ensure that if an incident occurs you have the appropriate and timely evidence available to ascertain liability. You can then work with co-defendants to assess potential liability and contribution and ventilate that inexpensively outside the main dispute between plaintiff and defendants.

The Arabi decision highlighted the impact of defendants having a united front against the plaintiff when clearly all measures had been in place for an adequate cleaning system. In the spirit of co-operation, Glad and Centro were able to effectively defend this claim by working together which in the end resulted in a successful fight together and not against each other!

What you said: Survey Results- Jayne Haydon

The Client Satisfaction survey results have arrived…

A BIG thank you to all the clients who took their valuable time to complete the survey.   The feedback will assist Proclaim in meeting your needs and going beyond!
 
IN A SNAPSHOT:

We had 40 responses to the survey

• 60% of the clients who took the survey were clients of Proclaim for over 3 years
• Our clients would recommend Proclaim’s services to colleagues or contacts within their industry
• Overall, we had some very constructive and encouraging feedback 

We are delighted to report an excellent level of customer satisfaction. Clients cited the high standard of service, quality advice and the Account Managers as the main reason for this satisfaction.
 
What do we need to improve?

The main area for improvement identified was technology/presentation of the online reporting systems. 

What is Proclaim going to do about this?

Reporting: We understand that each client has unique needs with regard to reporting and meeting requirements.  As the survey was mostly confidential we are unable to identify which clients needed help with reports… So please note that we will be running training shops to address some of the reporting queries raised in the survey in the New Year and encourage all clients to attend and provide their particular comments or suggestions.  As always, we are happy to create a structured program for the overall management of your claims.  If the workshops don’t meet your needs, please call your Account manager and we will do our best to accommodate your specific need.

At Proclaim we are dedicated to excellence and welcome all feedback – so please do not hesitate to call us for a chat!    
We note that clients have requested a “more marketable claims report template” for external use.   Our IT gurus have taken all specific comments with regard to the online reports onboard and we will advise of some improvements in the next newsletter.   Please note that all Account Managers are happy to assist with any reporting query.  

Individual comments with regard to the reporting:

“Header info lost when scrolling list (header should remain on the page so easily see what the figures relate to)”    As the report is HTML based it is difficult to spilt and scroll an HTML report.  A quick fix for clients is to export the data into Excel.

“Ability to reprint individual incident reports -- Better framework for individual claims reports”  There is a facility on our fig tree system called “previously entered incident” that will allow information to be obtained and printed individually.  Should you have difficulties finding this feature or would like assistance, please do not hesitate to contact your Account Manager or Proclaim Administrative team.
  
“Think the claim should be closed immediately on the report instead of waiting for GST recoveries which is Proclaim accounting function”; If clients wish for this to occur we can finalise the claim on the system and then re–open the file for the GST recovery. Please discuss with your relevant Account Manager as we are happy to set up a flexible approach for reporting and file management that works for each client’s individualised needs.

We are encouraged by the optimistic and upbeat comments included in the survey. Some of the positive feedback and comments from the survey are detailed below:

“..a very valuable service that certainly makes our public liability claim management effective”

“..Access to intelligent individuals who understand exactly what is required to manage liability claims, but who are also flexible to adjust their course of action to take into consideration the insured's preferences.”

“The expert knowledge of our claim manager and her ability to add the human factor to achieve very good results. Proclaim is very professional and always available to help.”

“Effective claims handling and high calibre staff”

“Proclaim effectively manage claims so that I don't need to spend too much time on them.”

“Proactive approach to public liability reduces legal claims further down the track. As Proclaim is a separate company from ours, this helps when dealing with "difficult" claimants

“Very efficient and easy to use. Very competent staff that know the area of public liability well. Offer the complete service in handling customer claims”

“The people. All Proclaim staff are knowledgeable, helpful and altogether lovely to work with.”

“I can only compare Proclaim with various Workcover insurer's/Claim Managers I have encountered in the past and the service and expertise the staff at Proclaim provide is a much higher standard than I have ever experienced in the past. Proclaim has the right balance with ensuring our company is protected legally but making sure the injured person is also treated respectfully.”

“Professional staff who understand the products.”

“Technical competence, extremely prompt and professional and proactive. “

Once again – thanks to all the clients for completing the survey.     Remember that your Account Manager is available for any query with regard to reporting or just general claims procedures. 

Local Insurers and Proclaim get in early for Christmas!!!- Pat Theodor
         
                  
A picture tells a thousand words. Lots of conversation, drinks, networking and fun...

Congratulations to the winner of the Door Prize Joe Zappia and the winner of the secret door prize – Vijaya Vivekananda.
 
Enjoy the goodies! Thank you to Adora Chocolates for their donation.

We look forward to seeing many more of you in 2011 Proclaim functions.

Keep an eye out for these events in our newsletters and on the website...

A year in the wonderful land of Oz- A UK Convert- Stuart Greaves*

Is it really just over a year ago I made the move from working in the London market to joining Proclaim in Australia? The move was the result of a change in personal circumstances but the challenge of working in a different jurisdiction both excited and intrigued me.

Now a year down the line and looking back it has been an eye opening experience. For all its laidback lifestyle and abundance of sun sea and sand as an Englishman the one fact I should have been more than aware of from the sporting field is the Australian ability and mentality to win, which constantly enables it to excel against the odds. This mentality is far from confined to the sports field and in business they are equally adept and ruthless. In Insurance whilst it may never be of a size or global significance as Lloyds it has proved a unique and challenging environment.

Take Insurance contracts, just whose idea was the Mark iv wording? A year down the line I am still baffled by the concept that over 400 endorsements are available, most writing back in cover that the wording excludes- a most upside down concept if ever I saw one.. But then I am 10,000 miles down under!

The environment here was another shock to the system... in the last 12 months I have seen nearly every weather event known to man from Tornados tearing through holiday parks, hail as large as golf balls reduce indoor shopping centres to open air! Earthquakes in mining towns, dust storms destroying machinery, lightning strikes and tropical cyclones, let alone black outs, brown outs and power surges as an almost daily phenomenon. (And to think I used to dread Hurricane season in the States!!)
To make matters worse the variability of weather from one place to the next is remarkable, I witnessed the cricket rained off at the GABBA whilst I was working 2kms away in the city and it was fine!

On top of this, the sheer size of the country is to behold. When adjusting claims a loss in QLD can be a 3 hour flight from Brisbane so getting people out and repairs undertaken can be a challenge. Asking for a second quote in some areas is often met with the comment we will have to fly someone in which makes it a rather expensive exercise!
As for some of the more challenging business enterprises I have dealt with lets just say adjusting BI losses for legalised brothels has become a stock in trade for which some of the supporting evidence can be quite unique!
And then of course there are the people...I am learning to adapt to some of the unique cultural peculiarities (in fairness they also have to cope with mine!) but my view that as a language surely English is English- yes like a thong is a flip flop or Coon is a cheese! Mmm...

Here’s to the next 10 years Proclaim!

*Stuart is our Property Claim Manager who  joined Proclaim in September 2009, prior to this Stuart had worked for over 12 years in the London market as claims manager at both Catlin and Hiscox.
 

 

Moving Beyond- Jorja Stone

After 7 years at our Flinders St home, we had finally outgrown our space and needed newer bigger digs. The search began, with Jon trying to find somewhere big enough for the company to continue to grow, but also with a bit of a different feel to your standard office.

Many inspections later, we came to the decision that Level 9, 271 Collins St would be our new office. The building was constructed in 1929 with several renovations and refits including a large atrium in the centre. Being on level 9 gives us a view of Collins St, and the location of the building is very popular with those of us who enjoy lunchtime shopping.

No move is ever easy, and although we’ve been paper free since 2006, it certainly didn’t feel that way when it came to cleaning out the office for the move. Over 20 bins were filled, as well as a skip on the final day, and now we’ve made a fresh start with a minimalist attitude. The Proclaim art collection has all been hung and it has certainly got our neighbours talking, with some of the speculating we are in the art fraud detection business…

We are all now on one floor and enjoying the new office, hopefully we don’t fill the spare desks too quickly, I’m not ready to pack boxes again! For close up pictures of the office space please visit our website.

 
New Proclaimers- Meg Graham

As Proclaim continues to grow, we welcome several new Proclaimers to the team.

Rebecca Hazell – Claims Technical Assistant – Corporate

Rebecca joined us in August as our new addition to the administration team in Melbourne. Rebecca has had experience with a range of office duties. With Vicki Jovanovski becoming our claims technical assistant for the insurance team, Rebecca has since become the Claims Technical Assistant for the corporate team.
    
Meg Graham- HR Co-Ordinator

With Michelle going on maternity leave with baby number two, Meg joins us on a 9 month contract to keep the HR wheels turning. Meg is in her last year of University, studying Psychology and Human resource management.

Jacinta Moulden- Account Manager-Insurance

With James Hahm leaving proclaim in August, we have recently been joined by Jacinta Moulden in our Melbourne insurance team. Jacinta completed a Bachelor of Law/Business in 2008 and was admitted as a solicitor to the supreme court of Victoria in 2010.

Patricia Theodor- Manager-National Business Development

We are happy to welcome Patricia Theodor as our full time national business development manager in Sydney. Patricia has worked in financial services for the last 15 years.

Riikka Challinor- Account Manager-Insurance

Riikka joins us as a full time account manager for the insurance team in Melbourne. Riikka was admitted as an Australian legal practitioner in 2010.

Glenn Pereire-Account Manager-Corporate

Glenn Pereire joins us as a full time account manager for the corporate in Melbourne. Glen was admitted as an Australian lawyer in 2010.

Marie-Helene Belisle- Account Manager-Corporate

We have been recently been joined by Marie-Helene in our Sydney corporate team. Marie-Helene was admitted in the supreme court of NSW in 2010.

Alisa Salwin- Account Manager- Insurance

Alisa Salwin recently joined the insurance team in our Melbourne office.  Alisa was admitted in the supreme court of Victoria in 2010.
Don’t forget you can learn more about the team at http://www.proclaim.com.au/our people and culture

LAST BUT NOT LEAST – THE BEST PART IS AT THE END........

The first person to email Jorja jstone@proclaim.com.au  the current number of staff working for Proclaim in all three states receives a bottle of Moet Chandon – personally delivered by one of our Managers.