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Insurance Recovery

Over the past 15 years, our Insurance Recovery group has assisted corporate policyholders in a wide range of complex, high-value coverage disputes against major insurers and reinsurers in the global market.

We have worked with some of the world’s largest companies to resolve complex insurance disputes arising from high-profile events and mass tort actions, helping them recover hundreds of millions of dollars for underlying claims and losses. We have tried-and-tested experience in litigating these disputes before the English High Court and all major arbitral institutions, as well as coordinating litigation in other jurisdictions. As a disputes-only practice, we are rarely conflicted.

As with all our work, our priority is always the efficient resolution of disputes with minimal business and reputational disruption. We work closely with clients, tailoring our approach to each case and to each client’s specific objectives to achieve the best possible result. In insurance and reinsurance recovery claims, we have extensive experience helping policyholders devise strategies to achieve early settlements through mediation, and our expert team advises on the most effective mediation strategies to secure optimised recoveries.

We represent clients in insurance litigation before the English High Court and in arbitrations, including Bermuda Form, ICC, LCIA and ad hoc proceedings. We frequently manage cases in London, Bermuda, the United States and other jurisdictions. We regularly come up against the same London-based insurer-side legal teams, and apply that experience to secure the best possible outcomes for our policyholder clients.

We also have extensive experience acting as co-counsel with foreign law firms on cross-jurisdictional insurance and reinsurance matters, where clients value our detailed and sophisticated knowledge of the London arbitration market and our strategic expertise in dispute-critical matters such as tribunal selection.

Representative cases:

    Insurance Recovery

  • Representing one of the world’s largest pharmaceutical companies in a series of London-based arbitrations against multiple insurers under Bermuda Form policies. The high-value arbitrations relate to coverage for personal injury and property damage arising from mass tort and long-tail environmental liabilities in the United States.
  • Representing a large multinational in a series of high-value London-based Bermuda Form arbitrations seeking recoveries for alleged property damage and personal injury claims relating to a well-known herbicide.
  • Representing a US multinational in a series of London-based Bermuda Form arbitrations relating to claims brought by individuals, municipalities and public authorities alleging personal injury and property damage arising from the use of our client’s products in the US. The insurance claims total more than US$1 billion.
  • Acting for a US manufacturing giant in three insurance recovery arbitrations relating to claims brought by groups of individuals, local councils and public authorities in the UK. The high-value claims include allegations of property damage and personal injury arising from construction issues and claims for extensive building remediation.
  • Advising and assisting a large US manufacturer on its coverage position under English law and various Bermuda Form policies relating to ongoing product liability cases in European and US commercial courts concerning one of the company’s best-selling products.
  • Advising a New Zealand-based mutual liability insurer in connection with reinsurance coverage issues arising out of mass claims against local government authorities for liabilities associated with construction defects.
  • Advising a Swiss buyer in connection with potential claims under a buyer warranty and indemnity policy in respect of the acquisition of a Spanish construction materials business. Our role includes coordinating with the buyer’s local counsel and financial valuation experts.
  • Acting for Insurers

  • Acting for an Isle of Man-based captive insurance company in connection with a dispute over coverage under reinsurance contracts in respect of professional indemnity in South Africa (Axis Corporate Capital UK II Limited v Absa Group Limited and Others [2022] EWHC 1870 (Comm)).
  • Successfully defending a Latin American insurer in confidential ICC arbitrations concerning a USD 40 million claim under an alleged credit insurance policy, which was dismissed in full on the grounds of construction of the policy, various breaches of warranty and dishonest misrepresentation by the insured, and a related USD 3.5 million claim under an alleged credit insurance policy, which was also dismissed in full on the grounds of construction of the policy and that it did not respond to the loss.
  • Acting for the French reinsurer SCOR in litigation in England against Barclays Bank in connection with alleged misuse of confidential information and breach of trust (SCOR SE v Barclays Bank [2020] EWHC 133 (Comm)).
  • Advising and assisting a large international insurance company in connection with multiple high-value insurance claims brought against it by companies in the aviation industry, and the insurer’s own reinsurance position in respect of those claims.
  • Acting for Capita Insurance Services Limited in Supreme Court proceedings concerning the interpretation of an indemnity under an SPA (Wood v Capita Insurance Services Limited [2017] UKSC 24).
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