Elaine is a Partner with over 20 years’ experience in the Commercial Litigation and Insurance & Reinsurance Practices.
As independently evaluated by Chambers Asia-Pacific Guide for Singapore, “(c)lients praise Elaine for her ‘thorough and concise’ opinions … ‘(s)he renders advice which is both relevant and practical, with minimal fluff.’”
Elaine is highly regarded as one of the top lawyers in Singapore in the commercial litigation practice with special emphasis on insurance and construction law.
Elaine is ranked in Chambers Asia-Pacific (2024), The Legal 500 Asia Pacific (2024) and asialaw Profiles (2024) as one of the leading lawyers in Insurance and Reinsurance, and is recommended in Best Lawyers (2024) for Insurance law. Moreover, she was named a Litigation Star by Benchmark Litigation Asia Pacific (2023) and has also been recognised in the Asia Women in Business Law Awards (2019) in the insurance and reinsurance category.
EXPERIENCE
Well known in the field of insurance law, Elaine has represented and acted as coverage counsel and defence counsel for insurers in and/or from Singapore, Australia, Japan, Korea, France, Switzerland, Germany, United States of America and Bermuda.
In the first case of its kind in Singapore, in 2011, Elaine successfully represented a Korean insurer, Hanwha Non-Life Insurance Co Ltd, in its claim under an open cover reinsurance programme before the High Court in Singapore.
Elaine is also sought after by clients (insurers, insureds and brokers) for her advice on various classes of insurance, including property and energy, casualty, liability, financial lines, credit and surety, life and personal lines; and compliance and regulatory issues including obtaining the requisite licences, transfers of insurance business and advising on policy wording for various classes.
Elaine has advised and represented property developers in the construction industry, local and international contractors, EPC contractors, professional consultants relating to projects in Singapore, Vietnam, Indonesia, China which include power plant projects and mining projects.
Insurance / Reinsurance
- Acted for AXA in the consolidation of its life and general insurance business via a transfer of AXA Insurance Singapore Pte Ltd’s general insurance business to AXA Life Insurance Singapore Pte Ltd.
- Acted for AXA Insurance Singapore Pte Ltd in their acquisition of the general insurance portfolio of HSBC Insurance (Singapore) Pte Ltd which included advising and representing AXA on the transfer of the portfolio pursuant to section 49FB of the Insurance Act (Cap 142) which was the most widely publicised insurance business acquisition in 2012. Also acted for AXA Life Insurance Singapore Pte Ltd in their acquisition and transfer of the EB portfolio of HSBC Insurance. (Transfer of Insurance Business)
- Acted for Groupama in setting up relevant branches in Singapore and obtaining the requisite license under the Insurance Act to carry out general insurance business and in the transfer of their business between branches of entities within their group as part of the group’s restructuring exercise in anticipation of Solvency II. (Transfer of Insurance Business)
- Successfully represented Korean insurers in their claim against a reinsurer registered to carry out reinsurance business under the Lloyd’s Asia Scheme in Singapore. The case involved complex issues of fact and law pertaining to an open cover reinsurance policy for the construction of model houses in Korea for an annual estimated sum insured of KRW 70 billion (around S$78.5 million) negotiated through Korean insurance brokers and is the first Singapore reported decision on reinsurance. (Reinsurance coverage dispute)
- Advising and representing insurers against a claim under a Product Liability Policy; case established for the first time in Singapore that insurers need not prove that they have suffered prejudice before they can decline policy liability for late notification of an event which may give rise to a claim, if notification is a condition precedent under the policy. (Insurance coverage dispute; Condition precedent clause)
- Advised insurers on their insured’s claim under a CAR Policy on an incident which occurred during the construction of a 1,600 meters long, 12 meters wide bridge which was budgeted to cost US$56 million linking the borders of Thailand and Laos. (Insurance coverage issues)
- Advised insurers in respect of insured’s claim in excess of S$20 million under an Industrial All Risks of Physical Loss or Damage and Machinery Breakdown Policy in respect of a fire which occurred in a power plant. (Insurance coverage issues)
- Advised and represented luxury resort owner in its claim against their insurer for property damage and business interruption claims in excess of US$35 million due to the 2004 tsunamis. (Insurance coverage issues)
- Advised insurers in respect of insured’s claim arising from an incident involving the strutting system for A&A works to a monumental building in Orchard Road. (Insurance coverage issues)
- Advised reinsurers on Inherent Defects Insurance. (Reinsurance coverage issues)
- Acted for insurer in its claims against insureds under ILPs and its former agents. (Fiduciary duties; Conspiracy)
Construction and Engineering / Commercial Litigation
- Advised and represented an Australian integrated engineering and services contractor in its claims against an oil, gas and electricity major in respect of geothermal plant in Asia where the total amount in dispute was in the region of US$60 million. Advising and representing the same contractor in claims against its design engineer consultant in an ICC arbitration.
- Advised and represented an Australian integrated engineering and services contractor in its claims in the region of US$25 million against an oil & gas, mining and energy SEA company relating to coal mining works in Asia.
- Advised and represented the owners of a US$68 million joint venture hotel and service apartment project in Ho Chi Minh City, Vietnam in defending and counterclaiming against the main contractor in an arbitration.
- Represented a government-linked company in a EUR50 million ICC arbitration relating to the acquisition of a Danish company.
