HIH Insurance Ltd was notorious for its claims management
approach to third party claims litigation with a fierce reputation
for not being afraid to test the boundaries of legal principle. As
a result the law reports are replete with significant superior
court decisions in which HIH companies or their insureds feature in
the development and understanding of Australian law and insurance
law in particular. The group in liquidation has continued to add to
the development of legal principle in the areas of insolvency law,
reinsurance law, directors' duties, shareholders rights: the
list goes on. Its most recent contribution arises out of the
remnants of the Dragon Scaffolding case following the Federal
Government's bailout of the HIH group. In the latest High Court
case, HIH Claims Support Scheme (HCSL) has sought to extend the law
in relation to equitable principles of dual insurance.
