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Tristan Smith

Tristan Smith

Senior Associate

Tristan is a Senior Associate specialising in insurance disputes and class action litigation.

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Experience

Tristan has significant experience advising insurance policyholders and brokers on their most complex claims and coverage issues arising under all types of insurance and reinsurance contracts. He also has experience acting in a wide range of commercial disputes, including large scale class action litigation.

Tristan has advised across a broad range of policy types, including D&O liability, professional indemnity, cyber, construction all risks / contract works (property damage, BI and DSU), trade credit, political risk, warranty and indemnity and reinsurance (facultative and treaty).

During his time in London, Tristan also spent three months on secondment at Guy Carpenter (a global reinsurance broking firm within the Marsh and McLennan Group) as in-house Chief Legal Counsel responsible for all legal affairs across the Europe, Middle East and Africa regions.

Tristan's experience includes advising:

  • the Financial Conduct Authority (FCA) in its ground-breaking business interruption insurance test case for losses arising out of COVID-19;
  • a financial institution in relation to a $100m+ trade credit insurance claim;
  • an international EPC Contractor in a claim under its CAR Policy concerning physical damage arising from a chemical leak at a Phosphoric Acid Plant;
  • a sovereign wealth fund in relation to the placement of a W&I insurance policy covering the acquisition of a several hundred million pound commercial property; 
  • a leading Australian construction company in relation to a claim under its Contract Works Policy, including advising on the application of a LEG 3 exclusion clause;
  • a leading Australian defence contractor in relation to a claim under its Hull and Machinery All Risks Policy following the total constructive loss of a Navy vessel;
  • a number of insurance and reinsurance brokers on professional negligence (E&O) claims and investigations arising from complex insurance placements; and
  • a number of leading ASX 100 companies to defend large scale class action litigation.

 

Background

Tristan is based in Sydney having recently spent four years working in the firm’s Band 1 Insurance Disputes and Professional Risks Group in London. He started his career as a graduate in the Brisbane office in March 2014..

Tristan holds a Master of Laws with First Class Honours from the University of Melbourne and Bachelor’s degrees in Law and Business from Griffith University graduating with First Class Honours and the University Medal in Law.