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Ince & Co

ALDGATE TOWER, 2 LEMAN STREET, LONDON, E1 8QN, ENGLAND
Tel:
Work 020 7481 0010
Fax:
Fax 020 7481 4968
DX:
1070 LONDON CITY EC3
Web:
www.incelaw.com

Elle Young

Tel:
Work +44 (0) 20 7481 0010
Email:
Ince & Co

Work Department

Commercial Disputes, Insurance & Reinsurance, Shipping

Position

Partner

Career

Since qualifying Elle has specialised in marine and energy insurance and reinsurance matters. 

Before specialising in marine and energy insurance Elle worked on a wide variety of litigation, arbitration and general dispute resolution matters across a broad range of the firm's core practice areas including shipping and general commercial disputes, regularly acting for clients in High Court disputes, as well as in ad hoc arbitration and arbitration under the LMAA, LCIA, ICC and SCMA rules. 

Marine & Energy Insurance & Reinsurance

Elle predominantly works on contentious matters across a wide range of marine classes of direct insurance and facultative reinsurance business, including hull & machinery, war, kidnap & ransom, P&I, cargo, increased value, liabilities and yachts. She has also advised on subrogated recovery actions.

On the energy side, Elle’s caseload includes claims involving physical damage, liabilities, loss of hire, delay in start-up and contractors all risks. 

Elle has also advised on a number of non-contentious matters including drafting of policy wordings and structuring of global insurance programs.

Elle works very closely with Simon Todd and Joe O’Keeffe on marine and energy matters and is also Treasurer of the Lloyd’s Marine U35s Insurance Group which has enabled her to make strong links with the marine and energy market in London.

Non-Marine Insurance & Reinsurance

Elle also works on a wide range of property and business interruption claims, primarily arising in the mining industry. 

Shipping

Elle also combines her marine insurance knowledge with her experience on both wet and dry shipping matters and has experience working on a range of cases involving a cross-over between these areas. 

Commercial Disputes

Elle has acted on a range of general commercial disputes involving various issues, including jurisdiction, breach of fiduciary duty, professional indemnity, employment, insolvency and debt recovery.

Clients

London and international insurers and reinsurers, P&I Clubs, captives.

Recent Cases

Hull & Machinery

Versloot Dredging BV v. HDI Gerling and others (The DC Merwestone) [2013] EWHC 1666 (Comm))

Elle assisted Joe O’Keeffe on this case acting for hull and machinery underwriters in the defence of a claim for the cost of replacing a vessel’s engine following a flooding incident in the Baltic in January 2010. The policy was on the Institute Time Clauses – Hulls 1.10.83, with the Additional Perils Clause. Underwriters ran three defences, namely (1) that the damage to the engine was not caused by an insured peril; (2) that the damage to the engine was attributable to the unseaworthiness of the vessel on sailing, with the privity of the assured; and (3) that, in any event, even if the claim was recoverable in principle, the assured had forfeited its claim by reason of the employment of fraudulent devices in the presentation of the claim.  The Court found in favour of underwriters and held the claim had been forfeit by reason of the assured’s employment of a fraudulent device or devices. The Assured is appealing the decision. To read more click here.

War Risks

Elle acted for hull and machinery and increased value underwriters of a vessel which was captured by pirates.  Underwriters provided cover on the basis of the Institute War and Strikes Clauses 1/10/83. Clause 3 provided that the vessel would be deemed a constructive total loss following 6 months detention. 

Notice of Abandonment was tendered. A Claim Form was issued in by the Assured in an attempt to crystalise a constructive total loss claim. The Claim Form issued was asserted to be defective as it did not correctly identify the defendants. The Vessel was released before a valid Claim Form was issued.  A settlement was reached which was reflective of underwriters exposure for average claims and litigation risk.

Facultative Reinsurance

Elle is acting for facultative reinsurance underwriters of a project cargo open cover facility. The case concerns breach of a claims cooperation provision and loss of chance claims. 

Energy

Elle assisted Simon Todd on this case acting as coverage counsel, working with US lawyers, assisting in the casualty investigation and advising energy underwriters on their liability under a package policy for a loss of hire claim arising as a result of damage to a drillship.  Thereafter Elle and Simon advised underwriters, in liaison with the assured’s lawyers in respect of potential recovery actions.  

The recovery claims involved issues of construction in respect of the scope of a Warranty of Quality/Guarantee provisions in the ship-building contract and the distinction between “defects” and “damage” which has been the subject of judicial consideration in marine and energy insurance claims but not so much in ship-building claims.

Kidnap & Ransom / War /General Average

Elle acted for underwriters in respect of a dispute which was settled following an “early neutral evaluation” process. The matter concerned the distribution of recoveries following a general average incident between the assured, war risk and kidnap and ransom underwriters.

Melinda Holdings SA v Hellenic Mutual War Risks Association (Bermuda) Ltd (The "Silva") (2011) 816 LMLN 1

The vessel Silva was arrested in December 2008 by an Egyptian Court for unpaid court fees when passing through the Suez Canal. Its owners tendered notice of abandonment to their war risks insurers and claimed for constructive total loss of the vessel and freight. 

War risk underwriters accepted that the vessel was a constructive total loss but defended liability primarily on grounds that the exclusion for ‘ordinary judicial process’ applied since the vessel was arrested in respect of unpaid. War risk underwriters also asked for a declaration that the owners had failed to perform their contractual obligation to sue and labour.

The Court held in favour of the assured finding that, in the particular circumstances, the arrest of the vessel was not pursuant to ordinary judicial process but was an exercise of extortion by the state and there was no breach of the sue and labour clause.

Underwriters appealed and the matter was ultimately settled out of Court. Elle assisted in respect of the settlement of the appeal proceedings.

Additional Information

Lloyd’s Marine U35s Insurance Group

Elle is Treasurer of the Lloyd’s Marine Under 35s Insurance Group. The Group is comprised of around 1000 members from all areas of the marine insurance market (underwriting, claims, broking, legal and technical), and is represented by a committee of 13 members, who organise lectures, educational visits and various networking and social events for the members.  Elle organises the annual Court Day hosted by Ince & Co.

For more information visit the Lloyd’s Marine U35s Insurance Group

Education

The University of Sheffield & BPP Law School


London: Insurance

Insurance and reinsurance litigation

Within: Next generation lawyers

Elle Young - Ince & Co

Within: Insurance and reinsurance litigation

Ince & Co specialises in marine and energy-related insurance, with around 50% of its insurance work coming from these sectors; the team also handles property, business interruption, political risk, trade credit, professional negligence, D&O, and reinsurance matters. The roots of the practice lie in marine insurance law, and the firm handles ship casualty investigations as well as advising on marine insurance coverage questions. Global head of insurance Kiran Soar is advising RSA and a large group of other leading London and international marine insurers on the $30m coverage dispute following the sinking of the bulk carrier Panamax Trader in 2015 - one of the most important marine insurance cases of the year. While Chris Jefferis and Johanna Ewan recently left the firm to join long-term client XL Catlin, the practice maintains a strong UK and international capability, with a network of overseas offices and a number of partners qualified to practice in more than one jurisdiction. Recently promoted Elle Young is a go-to name for contentious matters across a wide range of marine classes of direct insurance and facultative reinsurance business. In another recent highlight that demonstrates the firm's place in the market, Simon Cooper was instructed to prepare the single claims agreement to govern the model formed by Lloyd's and the International Underwriting Association to allow a single insurer to agree claims on behalf of the whole insurance market.

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