Insurance

This “personable and communicative team provides an efficient service at a reasonable price” - Chambers

Our specialist Insurance Group has advised on a wide range of insurance disputes and litigation, as well as on coverage, policy wordings and interpretation. Our clients include Composite Insurers, Lloyd's Syndicates, self-insureds and Lloyd's managing agencies. The size and experience of the team mean we can handle disputes of a large and complex nature as well as provide an efficient, cost- effective service for bulk and lower value claims.

The Insurance Team contains high calibre individuals which enable it to compete with larger City practices and we continue to work on cases alongside parties represented by large City firms. There are several lawyers within the team from “top ten” City insurance practices, who have excellent experience of the market and the insurance industry. We believe this provides us with a distinct, competitive edge to continue to consolidate our success and development in this area.

The Insurance Team is based in our London, Gatwick and Southampton offices which allows us to offer clients flexibility in rates and fee proposals. We are, therefore, able to provide exceptional service standards, quality advice and value for money.

We are a full service commercial law firm and able to offer a wide range of specialist support to clients across a number of sectors. Our industry focus is geared to providing tailored, commercial advice to meet our clients' business needs. The Insurance Team includes dedicated regulatory and corporate insurance lawyers.

Areas of advice

• Accident and injury
• Corporate and regulatory
• Directors and officers
• Financial services
• Insolvency
• M&A activity
• Pensions
• Product liability
• Professional liability
• Property
• Risk management
• Tax

Accident and injury

One of the most common scenes of an accident is in the workplace and its surrounds. Employers need to be aware of their legal responsibilities that arise from accident and injury as safety is now highly regulated. The recently announced corporate manslaughter bill will see employers facing fines and even imprisonment for offences they may not have considered themselves liable.

A focused and decisive approach is necessary to resolve accident and injury disputes, and we can provide advice to insurers and their insureds on their responsibilities and potential liabilities on a wide range of claims arising out of catastrophic Injury, major accidents at work, road traffic accidents, occupational illness and criminal prosecutions.

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Directors and Officers Risk Management (DORM)

Directors and Officers of companies are under closer scrutiny that ever before. Numerous duties are imposed by common law, the Companies Act 1985 and the Health and Safety at Work at 1974. The impending enactment of the new Companies Bill will potentially increase Directors' exposure to claims.

Directors and Officers' duties range from disclosure relating to shareholdings and loans, accounting procedures and records, through to insider dealing. In addition Directors and Officers are duty bound to act in the best interests of the company and shareholders, as well as the company's creditors during insolvency.

Unlike other professional insureds, Directors and Officers are often less aware and less alive to their strict duties of care, both statutory and otherwise. This inevitably puts insurers at a greater risk of exposure.

Our specialist Insurance Team is able to deal with all types of misfeasance claims. In addition, we offer insurers the option to take advantage of our unique DORM product. (Directors and Officers Risk Management). With this product we will review insurers' D & O portfolios and work closely with companies to ensure that risks are managed and claims kept to a minimum.

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Product liability

The law is focused, and will continue to focus, on consumer and end user protection. A claimant does not have to go far to show a breach under the Consumer Protection Act 1987.

As product liability law continues to change, there is an increasing uncertainty for insurers and their insureds as to what is expected of them and product claims or recalls can cause unquantifiable damage to business brands and credibility.

Our Insurance Team is able to provide advice to insurers on the complex issues surrounding product claims, such as coverage and policy wording, as well as contractual and tortious claims.

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Professional liability

Our specialist Professional Liability Team advises on a wide range of liability matters, with a focus on solicitors and the legal profession. In addition, the team is able to provide advice on coverage, policy wording, and interpretation, as well as regulatory issues and risk management. We act for a number of major Insurers, Lloyd's Syndicates, agencies and professionals.

The team comprises high calibre lawyers, and includes solicitors with experience of PI claims handling and industry secondments.

The breadth of our practice means that we are able to call on expertise from specialists within the firm, depending on the nature of the claim (eg construction, corporate, finance, pensions and tax).

The team has a broad range of experience, including: advising on mortgage fraud matters (both in defence of claims and on coverage investigations), commercial property losses, large corporate and tax related claims, trust claims, claims involving other jurisdictions, dealing with vexatious litigants. We are able to advise on claims involving:

• Accountants/Actuaries
• Architects
• Brokers
• Construction and Engineers
• Financial institutions
• Loss adjustors
• Solicitors
• Surveyors and valuers

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Property

The Team is able to act for property and liability insurers in relation to claims arising out of damage to property from floods, fires and subsidence. The Team also has experience in business interruption claims. Our approach is dynamic and pragmatic and we pride ourselves on working in partnership with the Insurer to resolve property claims and disputes.

Our Team is also experienced in property damage subrogated recovery work. This allows insurers to “step into the shoes” of the insured to recover outlay they would otherwise have lost. This can be beneficial to insurers as such recoveries are often not budgeted for. We can tailor this product to insurers' needs and are able to consider cases on a “no win, no fee” basis.

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