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ICA disputes Ipp “attack” on insurers

Justice David Ipp, who has chaired the review of liability law that is leading to major reforms around the country, isn’t likely to confirm or deny what he said at last week’s meeting of state and territory attorneys general. So we may never know if he really said he had “no doubt that one of the causes of the insurance crisis was the negligence, incompetence or greed – or perhaps a combination of all three – of the insurance companies”.

Justice Ipp was speaking to a closed meeting. His alleged comment was reported on Saturday by Australian Financial Review legal reporter Chris Merritt.

ICA Deputy Chief Executive Dallas Booth said the article “completely misrepresents” the contribution of the insurance industry to the work of the expert panel reviewing the laws of negligence.

The report, quoting unnamed sources, said Justice Ipp accused the industry of refusing to provide information to his inquiry and as being “one of the causes” of the insurance crisis.

It said Justice Ipp was also critical of the industry’s alleged reluctance to supply him with all the information the inquiry committee wanted, and could not give an indication of whether the proposed reforms would have an impact on insurance premiums.

But ICA Executive Manager Corporate Affairs Rod Frail said Mr Merritt’s article was a “second-hand account of what another person who was at the meeting had told him” and therefore “not an accurate reflection of that meeting”.

Mr Booth said ICA and industry representatives made two submissions to the review, and met with the expert panel twice. “All information readily available to the ICA was made available to the expert panel, as was considerable background knowledge and expertise relating to the operation of insurance and compensation schemes both in Australia and overseas.”

He said some information requested by the expert panel wasn’t held by ICA and could not be compiled in the time available. “That was the only basis on which information was not provided,” he said.