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Andrew Kelcher

Andrew Kelcher

Managing Associate

Personal Profile

Andrew is a Managing Associate in the Dispute Resolution department, specialising in insurance/reinsurance disputes, and professional liability disputes, with significant experience of litigation, arbitration and adjudication. Andrew takes instructions from claimants and policyholders, building upon the experience gained from his earlier career roles in-house and in private practice.

Andrew previously held a senior role in financial lines (professions, financial institutions, D&O, W&I) at a global insurer, working on domestic, international (primarily United States, Middle East and Scandinavia) and cross-jurisdictional disputes. In private practice, Andrew used to work both for professionals and their insurers in the defence of liability claims; and for insurers/reinsurers on policy and coverage disputes.

Andrew has regularly written and contributed to articles on insurance and liability matters (with a recent focus on construction, engineering and technology-related insurance and liability matters) and presented to professional liability groups, policyholders and brokers. Andrew has been a designated trainee supervisor and careers' mentor.

Key Experience

  • Acting for policyholders on business interruption claims against insurers arising from the Covid-19 pandemic.
  • Summary Judgment success in the Technology and Construction Court ("TCC") acting for a global engineering house on its claim for unpaid fees in respect of its design of a power station in a UK overseas territory, where the Court considered the application of the doctrine of fundamental breach in relation to limitation of liability clauses relevant to the defendant contractor's counterclaim.  
  • Advising on cover in respect of losses suffered on energy-to-waste plants with multiple relevant insurance policies and coverage issues. 
  • Acting on a claim brought by a life assurance company developer, arising from the forecasted construction costs of a large mixed-use development.
  • Advising on a dispute between PL/CAR and PI policies arising from damage to a wholesale distribution facility caused by a combination of allegedly defective design; allegedly defective workmanship; and natural events.
  • Acting for a design and build contractor on an adjudication and parallel court proceedings, arising out of the construction of a mixed-use development, with allegations of defective fire-safety design made in conjunction with a final account dispute.
  • Working on two cases which went to the Supreme Court: Impact Funding v AIG (on the breadth and interpretation of exclusion clauses); and AIG v Woodman and Ors (the now-leading authority on policy aggregation).
  • Acting on claims against solicitors (arising from an array of underlying matters), surveyors, accountants, insurance brokers, Lloyds’ managing agents, financial professionals and financial institutions.
  • Advising on a contentious coverage dispute arising from the construction of a harbour bridge in a European city with varying defects notified over numerous policy years.

Career History

Managing Associate, Mishcon de Reya LLP
Legal Director, Clyde & Co LLP
Solicitor, AIG
Trainee Solicitor/Solicitor, Mills & Reeve LLP
College of Law, LPC
University of Birmingham, Law (LLB)

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