A recent case before the Federal Court is an important reminder for developers and prime contractors to consider separate sponsors and design-type insurance policies, rather than relying solely on professional liability insurance. The FKP parties argued that the damage suffered in the proceedings before the Supreme Court was due to a claim based on the provision of professional services by the FKP parties within the meaning of the insurance clause. They argued that, under the extension clause, they were entitled to compensation, which was applicable if they were legally liable for the conduct of a subcontractor/agent when the FKP parties provided the professional services themselves. In addition, Zurich argued that the extension of coverage clause (extension clause) was only applicable if the FKP parties were «legally liable» for the conduct of a subcontractor/agent by judgment or transaction if the third party had provided the professional services itself. In a case before Justice Jagot (who was then before Justice Jagot), the FKP parties sought compensation from Zurich under the policy for any liability to the owners of SP 84298. The FKP parties asserted that they were entitled to compensation under the insurance clause for any liability to the plaintiff and demanded that Zurich pay their «claim costs», which include legal costs and defence costs of the proceedings before the Supreme Court. Zurich did not accept that the possible liability of the FKP parties was based on the provision of professional services within the meaning of the Directive. Resolving application issues wasn`t the only hurdle the new DevOps team had to overcome. There was also a cultural shift that had to take place.
Until this project, Zurich`s IT team had mainly built applications using the waterfall methodology. While Waterfall has worked well in the past, it didn`t fit with Zurich`s new strategy of quickly creating software for customers. They needed to implement agile methodology and collaborate quickly and frequently within IT, across departments, and with users. FKP Commercial Developments Pty Ltd v Zurich Australian Insurance Limited [2022] FCA 862 The cultural shift his team has created stands out for Clarke. The Mendix platform has enabled Zurich to be an innovative insurance company. «From the idea to the practical product you can demonstrate to a customer in two weeks, it`s outrageous. And we can,» Clarke says. The DevOps team has been empowered to break down walls between business units and work closely with sales reps, analysts, and developers to achieve a common goal. For Darren West, IT Manager at Zurich UK, the value of Mendix was obvious from the start. «The real benefit should come from the close collaboration between IT, the company and our partners.» Clarke`s team immediately recognized the intangible elements Mendix brought to Zurich and the benefits that low-code development and agile methodology brought both professionally and personally. For James Foster, one of the advantages was the confidence that Mendix inspired in him and his employees.
John Quayle cited the impressive speed offered by Mendix with features like built-in sprint management and the built-in feedback widget. Leonardo Scricca appreciated the possibilities offered by the use of Mendix`s integrated connectors and integrations. Without having to focus on the basics of hard-coding and hard coding, the team had the opportunity to learn new skills and solve more business problems. Barrington Clarke, DevOps Lead, took over this task. Clarke, who was tasked with building the organization`s first DevOps team, chose his team of people united by a shared passion. «We like to fix things,» Clarke says. «We like to fix things in business, and we like to solve technical challenges.» A multi-channel application that supports 10,000 users and provides claims, policies, payment details, access to policy documentation and the ability for Zurich customers to upload supporting documents. In a related case pending in the Supreme Court of New South Wales, the owners of condominium plan no. 84298 (owner of SP 84298), the registered owner of community property in Rosebury`s residential and commercial buildings, FKP Commercial and FKP Constructions (FKP parties), argue that Zurich needs to move faster and more agilely to develop software solutions that move their business forward. And finally, they helped their customers.
They have therefore developed a digital transformation strategy focused on three areas: innovation, simplification and customer centricity. Zurich turned to its IT and DevOps department to implement this strategy. The damage and loss caused by acts of terrorism can be catastrophic and costly. To mitigate risk, Zurich partners with Pool Re, a reinsurer whose sole purpose is to help insurance companies cover terrorism. Pool Re is a public-private partnership programme supported by Her Majesty`s Ministry of Finance and bears a significant share of the risk involved in these policies. With Mendix, Zurich remains committed to its strategy of innovation, simplification and customer-friendly establishment. Building with Mendix «moved the business process forward,» Clarke says. «It also gave us a lot of opportunities to learn how to do much better next time.
We deployed an application in a very short time at a very low cost to the company, which we will support and maintain in the future with the underwriting community. It`s a real success for this DevOps team, but it`s also a real success for this broader policy. The Court found that the FKP parties` alleged obligations arose in the proceedings before the Supreme Court as owners/developers or prime contractors, rather than providing «professional services.» Therefore, the insurance clause was not triggered, since the FKP`s actions did not have a sufficient connection with «professional services» within the meaning of the policy. Zurich considered that the payment of claims costs did not fall within the scope of the insurance clause, but was dealt with exclusively on the basis of condition 1 «Early repayment of claim costs» of the policy (advance commission). A policy administration system used by more than 700 underwriters to manage Zurich`s counterterrorism policies in the UK, leveraging integration for data cleanliness and elimination of operational inefficiencies. They turned to Mendix. In his assessment, Clarke was looking for a platform that would provide them with seamless integration and delivery, but he was also looking for expertise to leverage such a methodology, interpret Zurich`s IT environment, and build a DevOps team. Mendix offered the technology Zurich needed, but also provided advice, support and personal commitment without having to worry about advertising and contracts. Zurich`s desire to develop customer-centric applications and products, according to Clarke, required responsiveness to the market, market changes and customer changes. «We were looking for a platform to deliver to our customers, and Mendix delivered that solution in a box.» A multi-channel application that uses facial recognition technology to estimate a person`s age and provides a life insurance estimate as well as an invitation to Zurich`s formal life insurance application tool.
At the material time, the FKP parties had taken out a design and construction professional indemnity insurance policy (the policy) with Zurich Australia Insurance Limited (Zurich). West recognizes the important work Clarke`s pioneering team has done using Mendix`s tools. He couldn`t be prouder. «It was a joint collaboration. The team was willing to take risks. They tried new things, they went to areas we weren`t used to. » Maximize your competitive advantage with AWS & Intelligent AutomationLearn how Mendix can help you build applications with AWS intelligent services such as Comprehend, Lex, Rekognition, and SageMaker. Read the AWS report Clarke`s DevOps team knew they needed to address process issues and strengthen data capture, validation, and integrity. Pool Re required data to be sent quarterly for this data to be accurate. If Zurich could not provide incorrect data to Pool Re, the company could be lost.
«Even though it`s a secondary system in the underwriting process, it`s a very important system,» Tong says. «When things go wrong in the system, they go very badly.» Compensation for terrorism-related losses is essential for Zurich`s business and customers. As Tong says, «It`s not an option for Zurich to say, `We can`t offer it.` The TDC application is an operational and technological coup for the company and has increased operational efficiency. Clarke estimates that Zurich will save at least between £50,000 and £100,000 in operating costs per application per year. «We`ve been able to deliver applications in a disciplined way, control costs and control lead times,» Clarke says. He estimates that Zurich will achieve significant growth of several million pounds through digitization and new platforms. Global insurer Zurich recently found itself in a complicated situation: it managed digital disruption while increasing its market share and strengthening its position.