Commercial Insurance and Regulatory Advisory

  • Advising a well-known high-street retailer in the UK and its captive insurer on recovery issues following criminal damage and theft losses at more than 40 locations across England during the August 2011 riots. Advice included coverage under the captive's reinsurance and recovery claims against police authorities under the Riot (Damages) Act 1886
  • Advising an Italian insurance broker on arrangements to enable it to place business in the London insurance market
  • Advising a major US insurance intermediary on UK regulatory and commercial issues following the establishment of operations in the UK, including drafting and negotiating binding authority agreements and distribution agreements with retailers
  • Advising loss adjuster and insurance outsource service provider clients on regulatory developments, including the operational implications of Solvency II

Insurance Disputes

  • Brotherton v. Colseguros (facultative reinsurance - case established in the Court of Appeal that unproven allegations of criminality against the insured needed to be disclosed to underwriters)
  • Carvill v. Camperdown (concerned reinsured's liability for brokerage following termination of broker's retainer)
  • Mabey & Johnson v. Ecclesiastical (concerned number of indemnities available under a design and construct professional indemnity policy following programme to repair defective bridges supplied to Ghana)