Lee Astfalck

Director
Norton Rose Fulbright South Africa Inc

Lee Astfalck

Lee Astfalck

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Biography

 

Lee is a litigation and dispute resolution lawyer based in Johannesburg.  Lee is also head of our risk advisory practice in South Africa.

He focuses on insurance, commercial litigation and risk advisory work.

Lee has over 20 years of experience and provides legal advice on a broad range of insurance matters including financial lines and general liability. Lee has advised clients on large and complex policy coverage and legal liability matters including professional indemnity, fidelity and commercial crime, cyber and warranties and indemnities (W&I).

In respect of professional indemnity, he has advised extensively on professional negligence matters arising from the financial services industry including claims against insurance brokers, financial advisors, pension fund trustees and administrators.

Lee also has specific and in-depth expertise in advising on directors and officers (D&O) liability matters and in defending directors against legal claims (including claims for damages and delinquency orders) and regulatory proceedings across a variety of industry sectors. Lee has written and presented extensively on various aspects of director's duties and liabilities and the proper and effective management of risk in this area by a company's board of directors.

Lee spent a number of years working in the London insurance market, gaining experience in complex claims handling and working with a number of Lloyd's of London syndicates on various commercial and corporate matters.

He was admitted as an attorney of the High Court of South Africa in 1999 and as a solicitor in England and Wales in 2003.


Professional experience

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BCom and LLB, University of Kwa-Zulu Natal

  • qualified in England & Wales 2003
  • Attorney, qualified in South Africa 1999
  • Successfully defended arbitration proceedings launched against the lead insurer and various co-insurers, involving a policy coverage dispute in respect of a professional liability policy for a leading telecommunications company. The arbitrator upheld the rejection of the claim under the policy on the basis of material non-disclosure, relating to a professional negligence claim in excess of R100m.

  • Defending and advising on a D&O claim against a former chief executive officer and retired engineer relating to the alleged breach of duty in the management of a coal mine and resultant damages in excess of R150m.

  • Advising a leading South African insurer on policy coverage in respect of various environmental-related regulatory, civil and criminal proceedings involving the directors of a waste management company.

  • Defending a leading commercial property insurance broker against legal proceedings alleging professional negligence, flowing from the hijacking of an inner city building, and resultant policy coverage disputes with SASRIA and the property insurer.

  • Providing policy coverage advice to an international insurer who issued a buyer-side warranties and indemnities insurance policy to the purchaser of a pharmaceutical company who subsequently discovered various VAT liabilities and resultant breach of warranty claims.

 

 

 

2019 Chambers Global South Africa and Africa wide rankings - recognised in the Chambers directory under the insurance sector

  • English