David Jesser

David Jesser

Principal Insurance | Brisbane
07 3231 0641 djesser@mcw.com.au Download vCard

David practises extensively in the area of insurance claims. For over 18 years he has specialised in defending CTP, occupier’s liability, construction, transport and public risk matters for insurance clients. David heads the McInnes Wilson Lawyers’ public liability team and has a particular focus on obligations of principal contractors in workplace incidents, labour hire arrangements and the contractual and insurance issues arising from those industries. He also handles claims against hotels and sporting organisations as well as assisting individuals whose insurers have denied coverage in circumstances where they feel it ought to be available.

David works with a number of interstate insurance clients who write business in Queensland.  To that end, he has assisted clients with early investigation and compliance issues, presented numerous training seminars on the PIPA & CLA frameworks to claims staff in other states and produced detailed handbooks on the Queensland legal landscape for use by those clients.

Ardent about sharing his expertise, David has authored articles published in Proctor, The Verdict, the Australian and New Zealand Trade Practices Law Bulletin, the Insurance Law Bulletin, the Australasian Dispute Resolution Journal, Employment Law Bulletin and Insurance & Risk Professional. He is on the Queensland committee of the Australian Insurance Lawyers Association and also sits on its national board.

David was listed as a Leading Lawyer for both Compulsory Third Party Insurance (Defendant) and Public & Product Liability (Defendant) in the Queensland Doyles Guide 2017.

In 2016 David was listed as a Preeminent Public Liability Lawyer within Queensland in the 2016 Doyles Guide. 

Listed in The Best Lawyers in Australia 2020 for Insurance Law

David's Qualifications

  • Queensland Law Society Approved Mediator
  • Masters of Business Administration, Queensland University of Technology
  • Master of Law, Queensland University of Technology
  • Bachelor of Laws, Queensland University of Technology

David's Expertise

  • Insurance litigator
  • Public and product liability, professional indemnity
  • Indemnity issues and policy interpretation

David's Leadership

  • Heads the McInnes Wilson Lawyers public liability team
  • Board member, The Australian Insurance Law Association
  • State Committee of the Australian Insurance Law Association
  • Member, Australian and New Zealand Institute of Insurance and Finance
  • Member, Queensland Law Society

David's Recent Experience

Area of Expertise

Area of Expertise

Fraud/arson

Work Undertaken

Advised an insurer in an indemnity dispute involving an alleged arson of a rental property where the insured was under financial duress but blamed the fire on a criminal gang associated with the last tenant of the property.

Area of Expertise

Area of Expertise

PIPA/CLA framework

Work Undertaken

Advised the professional indemnity insurer of a lawyer in a matter involving the interpretation of various provisions of PIPA and whether the insured had complied with the relevant statutory framework or whether the action was statute barred.

Area of Expertise

Area of Expertise

Schools/sports

Work Undertaken

Acted for a prominent school in regard to a high profile claim advanced by a student allegedly injured during a school event - the claim was ultimately abandoned.

Area of Expertise

Area of Expertise

Labour-hire

Work Undertaken

Advised one of the worlds’ largest labour-hire companies on the implications of contractual indemnities and agreements to insure with their clients and the effect on claims brought by workers injured on work sites. Successfully defended a claim based purely in contract with no tortious liability.

Area of Expertise

Area of Expertise

Construction

Work Undertaken

Advised and acted for a plant-hire company in multi-million dollar litigation involving multiple parties including principal contractor, employer, manufacturer and various sub-contractors. Issues involved analysis of expert evidence, mechanical engineering information, the interplay of the WCRA and PIPA, implied terms in bailment, the Australian Consumer Law, contract and tort claims.

Area of Expertise

Area of Expertise

Transport

Work Undertaken

Acted for a taxi company and driver sued by the family of an intoxicated passenger for dropping him at the wrong address and allegedly leading him into danger. Taxi company was found not liable.

David's recent publications

View All Articles
  1. When is a Flood Not a Flood?

    09 Oct 2018

    How to Navigate the Operation of a Flood Exclusion In early January 2011, Brisbane and other parts of Queensland experienced a major flood causing people to scramble for their policies of insurance to check whether they’d be covered for flood...

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  2. When does No Mean No? When can you rely on a compliance condition to exclude cover?

    06 Aug 2018

    Introduction In the real world the answer to this question ought to be obvious. However in an insurance setting words aren’t always given their plain meaning. A prime example of this is a Reasonable Care Condition. There is always tension where an...

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