Insurance and reinsurance litigation
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Barlow Lyde & Gilbert LLP has ‘great reinsurance pedigree’ and is also widely respected for its insurance expertise, although it has seen some major changes at partner level; Roger Doulton has moved to Clyde & Co LLP, and Colin Croly has also left. The remaining partners continue to garner praise; practice head Jason Bright has ‘very good commercial acumen’; Clive O’Connell ‘knows insurance inside out’; David Abbott is ‘very responsive’; and Patrick Foss is ‘very knowledgeable’. The team is representing QBE in arbitration and in Commercial Court proceedings (currently subject to appeal to the Court of Appeal) in a dispute concerning the revocation of an agent’s authority to conduct the run-off of legal expenses/insurance business written for the principal under a binder.
Clyde & Co LLP has some superb partners; Nigel Brook is valued for his ‘very good strategic sense of how to run a case’; Michael Payton is ‘the sage in the market’; Andrew Grant has ‘gained a significant reputation as an excellent reinsurance lawyer’; and Nigel Chapman and Roderick Smith are also well known. Recent instructions include acting for the insurers of a construction company repairing a railway bridge in the Czech Republic which collapsed onto the track, leading to eight fatalities. The firm was appointed to ACE European Group’s non-claims legal panel, and retains panel appointments with AXA among others. Roger Doulton has joined the team, while Anthony Menzies has moved to Taylor Wessing LLP.
Herbert Smith LLP is ‘perennially excellent’, with clients noting its ‘first-class service’. The team features the ‘tenacious and extremely thorough’ David Reston; Christopher Foster; Paul Lewis; Anthony Dempster (‘absolutely top of the tree’); Alexander Oddy, who provides ‘quick and comprehensive answers’; and Martin Bakes, who ‘considers a problem from every angle’. The team advised CMS Cameron McKenna LLP on the defence of proceedings brought against it by the accountancy firm HLB Kidsons, a case involving the difficult issue of notification. The practice counts leading players in the insurance and reinsurance industry as clients, among them Royal & SunAlliance, and Travelers. Broker clients include Marsh and Willis.
Ince & Co’s clients appreciate its ‘exceptional service’. It has a number of excellent practitioners, such as the ‘knowledgeable’ Allan Hepworth; the ‘very responsive and efficient’ Tony George; and Alan Weir, who ‘knows the market’. The practice ranges from marine and energy insurance to political and trade credit risks. The ‘practical and able’ Jan Heuvels and ‘elder statesman’ Peter Rogan represented Allianz Life in complex multi-party proceedings in connection with the run-off of its corporate member at Lloyd’s, and Rebecca Axe successfully represented the underwriters in Commercial Court litigation arising from the transportation of items to and from a Fabergé Exhibition in the US.
Mayer Brown International LLP’s team ‘looks for solutions to potential problems rather than purely being reactive to issues’. Head of department Karen Abbott is ‘focused on ensuring that the client is satisfied’; and Sean Connolly and Lindsay McQuillian are ‘pleasant and sensible to deal with’. David Chadwick is recommended for political risk insurance, and Wendy Allen-Rodney has the ability to ‘manage claims in the best possible way’. The firm has strategic roles for insurers in Madoff-related matters, and also in relation to the collapse of Icelandic banks. Major reported victories for clients include the Dunlop Hayward v Nationwide case, and team has also been advising on reinsurance issues relating to the California bush fires and Hurricanes Rita and Katrina.
CMS Cameron McKenna LLP is ‘very good across all areas of insurance’. Practice head Liam O’Connell is ‘very commercial and astute’; Belinda Schofield is ‘very analytical’; and Stephen Tester has the ‘ability to balance a number of complex cases, please clients and win cases’. The ‘very competent’ John Hall is now a consultant; Anthony Hobkinson has moved in-house; and Ed Foss has joined the team, having previously been in-house counsel at Jardine Lloyd Thompson. The ‘reliable’ Vere Wheatley is acting for Willis and CNA in a US$300m claim for fraud.
Clifford Chance provides a ‘prompt and professional service’. Nicholas Munday and Stephen Surgeoner are singled out for praise; Philip Hill is ‘solution orientated’; and Denis Brock has a ‘no-nonsense and knowledgeable approach’. With strengths including its international reach, its impressive roster of clients includes Aon Corporation, Metlife, and XL Capital. Highlights included acting for ESR Insurance Services (in administration) in an investigation into the activities of a director who allegedly operated a fraudulent insurance scheme with a purported underwriter in the US. The team has also seen an increase in disputed claims on credit, political risk and trade disruption insurance, and advice on mis-selling claims made against major financial institutions is another growth area.
Edwards Angell Palmer & Dodge UK LLP provides a ‘top-notch’ service, and David Kendall is ‘one of the best around’. The team is acting for Centre Re and Munich Re as reinsurers of T&N’s £500m asbestos liability policy, in one of the largest and most complex cross-border asbestos disputes. The ‘dependable and professional’ Richard Hopley is recommended for his product liability work, and Mark Everiss for his experience in the run-off sector. This team also does a considerable amount of Bermuda Form arbitration work.
Freshfields Bruckhaus Deringer LLP’s track record includes technically complex disputes and regulatory investigations with clients seeking advice in ‘bet the company’ situations. One such high-profile example was advising Aon in a number of jurisdictions on regulatory issues concerning third party payments from commissions. Raj Parker takes ‘quick and sensible decisions’, and Ali Sallaway ‘knows the market very well’. Clients include the UK branch of AIG Life, and Prudential. The firm’s payment protection insurance (PPI) practice had a busy year, including advising Alliance & Leicester on an FSA investigation into telesales of PPI on unsecured loans.
Holman Fenwick Willan LLP has a ‘strong team at partner and solicitor level’. Head of the team Paul Wordley can ‘handle big matters well’, and Andrew Bandurka ‘quickly grasps the legal and commercial implications and tailors his advice accordingly’. John Duff can ‘negotiate his way out of tough situations’, and Rebecca Hopkirk and Costas Frangeskides are also recommended. In addition to its regular flow of major claims work, the team is increasingly acting for buyers, sellers, intermediaries and service providers in the insurance and reinsurance market. It is representing HLB Kidsons in a substantial coverage dispute arising from underwriters’ refusal to indemnify the firm for claims arising from tax schemes.
Kennedys has ‘one of the pre-eminent insurance/reinsurance practices in London’, with ‘master strategist’ Nick Williams at the helm. Geoff Lord is ‘very good technically on sophisticated insurance matters’, and the addition of Trevor Davies following the firm’s merger with Davies Lavery was a ‘major coup’. Other partners include the ‘tenacious’ Iain Corbett; the ‘dynamic and extremely clever’ Jennifer Boldon; and the newly promoted Catherine Shuttleworth, who has ‘her clients’ best interests at heart’. The firm was instructed by numerous insurers who had provided insurance to individuals and businesses whose premises were in close proximity to the Buncefield oil depot and suffered damage from the explosion.
Lovells LLP’s team includes Nick Atkins (‘one of the real superstars’ at the firm), and Peter Taylor, who is highly thought of and ‘looks at all the angles of a case’. It is acting for Federal Mogul US Asbestos Trust in relation to asbestos claims, insurance and reinsurance coverage to the US Trust established by the s 524(g) Plan, and has also been involved in a sizeable number of arbitrations. ‘Having a North American office with equally good lawyers as its London office is an additional advantage’.
Reynolds Porter Chamberlain LLP’s team is ‘very thorough’ and ‘keeps clients well informed’. On the insurance side, Edward Smerdon is an ‘acknowledged market leader’, while on the reinsurance side Simon Kilgour ‘sees the wood from the trees’. Other partners are Simon Greenley, who ‘leaves no stone unturned’, and Paul Dowsey, who ‘makes complex issues easy to understand’, especially on the energy insurance side. ‘Big hitter’ David Webster and the ‘sensible’ Paul Castellani have both recently joined from Eversheds LLP. The firm is acting for a fund manager in a major credit crisis driven liability claim arising from the management of a portfolio.
Beachcroft LLP’s Chris Wilkes ‘seems to get it right every time’, and Julian Miller and new partner Ben Nicholson are ‘very switched on’. The team attracts instructions from all sectors of the market including Lloyd’s syndicates and companies such as Swiss Re and AXA. The team is defending a well-known London law firm against claims relating to its alleged involvement in a substantial and complex fraud on investors in a tax relief scheme (value approximately £50m).
Berwin Leighton Paisner LLP has a ‘young and enthusiastic team’. Anthony Lennox and Jonathan Sacher are ‘very able and knowledgeable’, especially on reinsurance matters, and David McCarthy is ‘very solid’. The practice continues to act for Goshawk Lloyd’s Syndicate in run-off on insurance policies which provided cover to the US secondary life policy market.
Chadbourne & Parke MNP’s Christopher Cardona is a specialist in the Latin American market, and is appreciated for his ability to handle complex and lengthy cases. Adrian Mecz is noted as knowledgeable about financial institutions risk, and Michelle George is ‘easy to work with and responsive’. The firm is acting for Lexington Insurance Company (and other following reinsurers) in Commercial Court proceedings against a Venezuelan insurer.
Davies Arnold Cooper LLP’s William Allison and his team are recommended as offering ‘a very quick service’. Nick Young is ‘hard working and tenacious’, and Hermes Marangos has ‘outstanding breadth of knowledge on multi-jurisdictional issues’. The firm is representing Total as the 60% major shareholder of Hertfordshire Oil Storage, in all civil claims being brought against the company relating to the explosion at the Buncefield oil depot.
At Dewey & LeBoeuf, the ‘completely unflappable’ Francis Mackie is a central figure along with David Wilkinson, who ‘makes clients feel that they are in safe hands’; and ‘nothing gets past’ Damian Cleary. The firm is advising insurers on their liability and exposure in respect of D&O cover in favour of Northern Rock following its collapse and subsequent nationalisation. Other strengths include London Market arbitrations. AXA and Munich Re are key clients.
Addleshaw Goddard LLP’s Richard Leedham has ‘built up a strong team’, ‘inspires confidence in clients’, and is ‘tactically very aware’, with particular areas of activity including treaty reinsurance arbitrations. Michael Green is acting for the defendant reinsurer in WASA v Lexington, a case relating to back-to-back reinsurance, and Simon Twigden is noted as ‘tenacious’. A successful year saw the team add to its already impressive client base with gains such as Hannover Re and Swiss Re.
Simon Brooks leads the insurance/reinsurance team at Eversheds LLP. Recent work includes representing Scor Re in a reinsurance dispute arising out of product liability claims written under a catastrophe excess umbrella wording in favour of Merck & Co (value US$33m), while other clients include XL and Royal & SunAlliance. David Webster left the team to join Reynolds Porter Chamberlain LLP.
At Fishburns, the addition of John Groome to the team has considerably enhanced the firm’s Anglo-American offering, and Jonathan Moss and Robert Lloyd are ‘incredibly thorough’. The ‘very pragmatic’ Antony Marsh was involved in acting for the successful Lloyd’s underwriters in the major coverage litigation case HLB Kidsons v Lloyd’s Underwriters & Others. The firm is noted for its significant partner involvement in cases, helping to ensure that ‘there won’t be any nasty surprises or bombshells at a later stage’.
LG’s team is ‘very responsive and knowledgeable’, with William Sturge, David Breslin, and head of department Nick Bradley all recommended. Key strengths include property insurance disputes, and financial lines and D&O work, with a particular focus on the reinsurance side. Major clients include Allianz Insurance, Novae, Harel, and Phoenix Life Insurance Company.
Norton Rose LLP has a ‘strong team with an excellent work ethic’. The ‘very dedicated’ Susan Dingwall is building up considerable expertise in Takaful (Islamic insurance), and Michael Mendelowitz is ‘very sensible’. The team advised National Insurance and Guarantee Corporation on a large credit insurance dispute (with a value around £16m), and attracted new clients such as Fortis Bank and Standard Chartered Bank to add to its impressive roster of clients, including HSBC.
Slaughter and May has an ‘absolutely excellent team’; Efstathios Michael’s ‘attention to detail is incredible’, and Richard Swallow is another key partner in the group. It represents insurers and a sizeable element of the broking market, with clients such as Marsh & McLennan, and is acting for Willis in a US$250m-plus claim brought by American Reliable Insurance Company (ARIC) in the Commercial Court, a complex multi-jurisdictional claim in which ARIC is seeking damages in relation to Willis’ role as reinsurance broker.
Dedicated insurance firm Clausen Miller, L.L.P. ‘always delivers the highest level of service’, and has some fine partners, including the ‘exceptionally bright’ John Startin and ‘skilled litigator’ Jane Beacham, who has considerable expertise in providing coverage advice on casualty cases. Jonathan Hall is praised for his ‘sharp eye for detail’. Key clients include Broadgate, XL and Tokio Marine.
DLA Piper UK LLP was instructed last year by Munich Re and Swiss Re to represent the international reinsurance market, comprising 38 of the best-known global reinsurers, in relation to the BHP Billiton mining-related losses. The ‘smart and experienced’ Charles Gordon and ‘excellent litigator’ David Murphy are recommended. Key clients include Hannover Re and SCOR.
Elborne Mitchell ‘consistently punches above its weight’, with Timothy Brentnall and Timothy Akeroyd ‘extremely competent’. The eight-partner practice is experienced in the energy reinsurance sector, particularly in Latin America, and continues to act on primary insurance disputes, particularly liability issues on professional indemnity matters.
Halliwells’ Damian McPhun ‘manages expectations well’. The team acted for the primary and excess markets in the successful defence of proceedings brought to recover losses arising from the explosion at the Buncefield oil depot. Jolyon Patten left the firm for Sedgwick Detert Moran & Arnold LLP.
Mills & Reeve LLP’s team includes Michael Mitchell, who joined last year having previously headed the London office of Vizards Wyeth, and Paul Cha, who has a ‘friendly and pragmatic approach’. A highlight was successfully obtaining a judgment in the defence of a complex product liability claim brought by a building contractor alleging defective manufacture of pipes. Major clients include Lincoln National and Marlborough Underwriting Agency.
Pinsent Masons LLP provides a ‘friendlier service’ than some competitors, with the ‘thorough and diligent’ Colin Read singled out for particular praise. The team’s experience includes construction insurance claims and the use of nuclear insurance. It is advising a client on its claims under a Property All Risks policy following a catastrophic fire at an oil refinery. Major clients include Aviva and Allianz Insurance.
Sedgwick Detert Moran & Arnold LLP has an excellent practice, with clients appreciating, among other things, its international reach. Sarah Hills is ‘very detail orientated’ while new addition to the team Jolyon Patten offers ‘sensible and commercial solutions’. It represented a large Bermuda insurer in respect of its insured’s involvement in the Buncefield oil depot explosion. Adam Barker and James Pilgrim-Morris have moved to in-house positions.
Simmons & Simmons is acting for the architects in the defence of claims brought by Brookfield relating to the construction of the new Wembley stadium. Key figures include practice head Christopher Braithwaite and James Pollock. In addition to its coverage work, the practice handles a range of high-end claims work spanning D&O, product liability, financial institutions, professional liability and reinsurance.
Steptoe & Johnson’s Gavin Coull is a ‘safe pair of hands’; and Angus Rodger ‘does not miss any issues’. One highlight was acting for one of the world’s leading reinsurance companies on high-value reinsurance claims arising out of Hurricane Katrina. The group is on Swiss Re’s panel for insurance and reinsurance claims, and has strong international connections with XL.
Taylor Wessing LLP’s James Crabtree is a ‘dedicated litigator with a good team’, which works closely with colleagues in the firm’s German and French offices, and now acts in almost equal measure for reinsureds and reinsurers. Clients include Alliance & Leicester Commercial Bank, and Marsh & Partners. Anthony Menzies joined from Clyde & Co LLP.
Berrymans Lace Mawer LLP continues to represent a building insurer in relation to the major fire which destroyed Primark’s sole distribution centre, and has a significant number of property insurer clients. Catherine Hawkins heads the property insurance and recovery department, and Peter Fitzpatrick is recommended.
Carter Perry Bailey LLP is a new firm founded by Stephen Carter and Bill Perry, formerly of Charles Russell LLP. It has niche expertise in areas such as fine art and pharmacy insurance, and major clients include AXA Art Insurance and Senator Broker Services.
Greenwoods Solicitors’ Richard Houseago is highly regarded in the market for his property and electricity insurance work. He is a ‘prolific worker who never lets down a client even when the deadlines look impossible’. New partner Mark Aitken is ‘robust and tenacious’.
Hill Dickinson LLP joins the ranking following its merger with Middleton Potts in July 2009. Clients include UK and overseas insurance and reinsurance companies, Lloyd’s Syndicates and multinational companies. David Godfrey and Edwin Cheyney are highly rated.
A particular forte of Latham & Watkins is the environmental coverage arena, and it also has considerable experience in D&O insurance coverage issues. Key clients include Fluor Corporation. John Hull and David Mulliken are the main contacts.
Sidley Austin LLP’s practice has made ‘great strides’. Dorothy Cory-Wright heads the department and is noted as ‘very client focused’ with ‘excellent technical skills’. The group has been involved in some interesting multi-jurisdictional disputes, and works closely with colleagues in Chicago and New York City.
Stephenson Harwood’s Alex Davis is widely known in the market for his marine insurance work, and Tony Concagh is recommended for his energy insurance work. Key clients include AIG, Amlin and Markel. This practice has particular expertise in geoseismic streamer cases.
The ‘able and personable’ Victoria Brackett heads the department at Thomas Eggar LLP, whose clients include Cavell Managing Agency. Associate Andrew Nixon is also recommended.
Peter Knight heads the group at Bird & Bird LLP and has particular experience in the power, energy and water sectors and counts Thames Water and Zurich as clients.
The ‘commercial and pragmatic’ Chris Warren- Smith at Fulbright & Jaworski International LLP is recommended.
At Robin Simon LLP, Michael Robin and Joanne Staphnill are well regarded.
Ling Ong at Weightmans LLP ‘responds quickly and is proactive’.