Regardless of their size, all businesses buy insurance to cover exposure to risk. Whether driven by the recent economic turbulence, an ever more litigious world, or just greater competition, insurers are increasingly holding policyholders to the strictest interpretation of the terms and conditions of their policies when considering claims. They then use this as their benchmark for negotiating with policyholders and their representatives.
The insurance industry is a sophisticated market, yet it is still evolving. The protracted soft market conditions have allowed cover to broaden, whilst new lines of business, such as cyber, privacy and fidelity/corporate crime are still in their test phase, with underwriters and claims handlers still learning to handle the fall out. Unpredictable decisions lead to disputes.
Nasty surprises can be avoided by involving a specialist insurance lawyer when reviewing your insurance portfolio and when considering making a claim. Generalist lawyers may not understand the nuances of the insurance sector and the need to negotiate recovery under the policy in a way that ensures your relationship with the insurer remains intact.
Why we are different
Our insurance litigation team acts predominantly for corporate policy holders on coverage issues across a wide range of industries and lines. Our experience covers the whole process, from advising on risk programmes, mergers and acquisitions and other commercial agreements to litigating on behalf of the policyholder in the event an insurer rejects their claim. Our focus on the policyholder enables us to remain almost conflict free.
Our speciality is in managing disputes between policyholder and insurer. We treat the claim as an asset to be recovered and to take decisive action to fight each client's corner. Our understanding of the nuances of the industry and the challenges faced by underwriters and claims handlers means we are able to suggest pragmatic, commercial solutions that bring about a speedy and, where necessary, discrete conclusion.
When a more robust approach is necessary, we are backed by our 80 strong fraud team, which houses the largest department of injunction specialists in the country. Our experience of the litigation funding and after the event insurance market means that we can transfer the cost risk of the legal proceedings to level the playing field when battling a large opponent.
London remains the hub of the insurance world with many insurers still writing their business back to London and using English jurisdiction to resolve disputes. However, our lawyers also have experience of handling insurance work emanating from all over the globe. Recent matters have originated from the US, Egypt, Lebanon, Oman, Spain, Sweden and Switzerland, and our New York office gives us on the ground expertise in cases with a U.S. angle.
- Policy coverage disputes
- Insurance programmes and risk management
- Mergers & Acquisitions
- Commercial contracts
- Insolvency run off issues