Insurance and Reinsurance
Michelmores represents corporate policyholders and their captives in the resolution of insurance and reinsurance coverage disputes, and prides itself on knowing and understanding the insurance market so as to provide pragmatic advice and effective outcomes for clients. Michelmores also has a niche reinsurance practice relating to foreign, mainly US underlying losses.
We are ranked in Legal 500 for “Insurance Litigation for Policyholders” and Garbhan Shanks is named as a ‘Leader in their field’ in Chamber & Partners UK. We have extensive experience of insurance mediation, arbitration and litigation, including complex, international, and multi-party coverage disputes.
Michelmores also advises on the drafting and interpretation of policy wordings, the scope of disclosure including giving a "fair presentation" under the Insurance Act 2015, insurers’ rights of inspection, claim notifications and proof of loss submissions.
- Will your insurer be able to pay claims post-Brexit?
- No-deal Brexit? – Implications for the financial services sector
- Framework for the UK-EU partnership in Financial Services
- Back to Basics: Product Recall Insurance
- Judge takes hard line against insurers' drafting
- Insurers' 'duty to speak'
- Supreme Court rules on solicitors' PI policy
- Fraudulent device rule does not apply to "collateral lies"
- Fintech – Evolution or Revolution
- Insurers set to try and contract out of New Insurance Act
- Damages for late payment of insurance claims a reality as Enterprise Act receives Royal Assent
- Aggregation clauses
- Insurance Premium Tax on the rise again
- New whistleblowing rules - is your business ready?
- Enterprise Bill passes second reading in the House of Commons
- An update on the Enterprise Bill
- African insurers beware! Significant changes are coming for buyers of English reinsurance
- Foreign insurers beware! Significant changes are coming for buyers of English reinsurance
- Fresh hope for policyholders! Government's Enterprise Bill picks up on late payment of insurance claims
- Tianjin Explosions – Insurance losses could reach $1.5 billion
- New Insurance Act offers (re)insurers a second bite at the cherry
- Policyholders warned not to sacrifice insurance coverage
- When is an event "likely to give rise to a claim"?
- The new Insurance Act 2015 – how can policyholders benefit now?
- Cyber "myths" putting UK SMEs at risk
- Product recall – five top tips for maximising insurance cover
- Garbhan Shanks and Harriet Stokes are featured in Strategic Risk Magazine - should insurers and policyholders turn their backs on arbitration?
- Insurance Act receives Royal Assent
- Claims cooperation clauses – when is an information request unreasonable?
- The importance of being honest – the fraudulent device rule in insurance claims
- Insurance Bill – an update
- Biba and Airmic give evidence to a House of Lords committee on the Insurance Bill
- Brokers' duties to advise on BI insurance clarified
- Garbhan Shanks and Harriet Stokes are featured in Insurance Day - FOS has no jurisdiction to determine D&O complaint
- High profile litigator joins Michelmores
Get in touch
- Advising a manufacturer under a Business Combined Insurance Policy for material damage caused to machinery and business interruption losses due to a sudden and extended failure in the electricity supply from the National Grid.
- Acting for an energy company under an Erection All Risks and Consequential Loss Policy in a physical damage and business interruption coverage dispute in relation to damage to a power station in Asia.
- Successfully acted for a pharmaceutical company in high value Bermuda Form arbitrations against a number of its insurers in relation to the scope and extent of its Product Liability coverage of third party US class action claims.
- Successfully acted for a web based company under its Privacy Risks Policy for data protection breaches as a result of a fraudulent boiler-room scam, which included investigations by the SFO and FCA.
- Advised a UK bank in an indemnity claim under their Corporate Crime Policy in respect of a substantial third party fraud.
- Advised one of the UK's leading outsourcing companies on Professional Indemnity cover in respect of failed film finance investment schemes.
- Represented a water company in an insurance property claim arising out of damage to a reservoir dam wall due to a sink hole.
- Acting for a commercial property agent in a Professional Indemnity coverage dispute against insurers under two policy years over the scope of notification of a circumstance, deeming provisions, aggregation language and alleged misrepresentation / non-disclosure, involving consideration of “fair presentation” under the Insurance Act 2015.
- Acting for a UK company in the oil and gas sector in a credit risk coverage dispute arising out of political upheaval in a African country.
- Acting for a captive in a political risk coverage dispute with retrocessionaires in a substantial loss relating to the expropriation of a subsidiary company in South America.
- Acting for one of the UK’s leading outsourcing companies on its Professional Indemnity cover in respect of failed film finance investment scheme litigation.
- Representing a housing association in connection with a claim under its Fidelity Insurance Policy following a series of fraudulent payments made by an employee over a number of years.
- Representing an NHS Trust in connection with a claim under The Third Parties (Rights Against Insurers) Act 1930 following the insolvency of an IT service provider.
- Advising an online auction house in respect of its coverage for property damage caused by flood at its premises, including compliance with its notification obligations, valuation of the damage and defence of third party claims.
- Advising a global retailer on the scope of its disclosure obligations under the Insurance Act 2015, including the requirement of a “reasonable search” for material information.
- Advising design and engineering consultants to the marine and oil & gas industry on the scope of coverage under its Export Insurance Policy, including insurers’ rights of subrogation.
- Advising the Board of a UK PLC on the scope and operation of its Directors & Officers insurance cover in the context of on-going discussions over a take-over of the company and potential replacement of the Board.
- Acted for reinsurers Wasa International Insurance Company Limited in their successful appeal to the House of Lords in July 2009 against Lexington in respect of back to back reinsurance cover for underlying US environmental pollution losses and a US$100m clean up bill to US aluminum producer, Alcoa.
- Acted for Japanese reinsurers in Aioi Dowa Insurance Co Ltd v Heraldglen Ltd and Another  EWHC 154 (Comm), which was an appeal on a point of law from an arbitral award, as to whether the 9/11 attack on the Twin Towers of the World Trade Center were caused by one unified act of terrorism or two separate acts of hijacking to determine the number of occurrences.
- Successfully defended Aviva Canada Inc. in having a reinsurance High Court claim by Minster Insurance Company dismissed against them in April 2014, and currently acts for Aviva Canada in other aviation reinsurance claims involving issues on the scope of follow settlement clauses and the recoverability of IBNR and Schemes of Arrangement under English law.