Insurance and Reinsurance
Since 12 August 2016 the Insurance Act 2015 is now law and represents the greatest change to insurance law in the UK in over 100 years.
Contentious Insurance & Reinsurance
Michelmores represents corporate policyholders, captives, insurance and reinsurance companies 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.
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, insurers’ rights of inspection, claim notifications and proof of loss submissions.
Our lawyers have experience advising insurers, reinsurers, banks, intermediaries, policyholders, captives and investors in the insurance sector.
We understand the different opportunities and challenges for clients who work in the industry, who purchase insurance products and services and who invest in the industry. We can provide specialist advice on any insurance related transaction, dispute or regulatory matter.
The team has over 30 years of experience acting for insurers, intermediaries and institutional investors on M&A transactions in the insurance sector.
- 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
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- 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.
- 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.
- The purchase of an underwriting business by a national insurer.
- Sale of a wealth management business by a global insurer.
- Acquisition of minority stake in a Lloyd’s business by a private equity fund.
- Due diligence and transfer of a home and motor insurance book.
- 'White labelling' an online travel insurance business by a larger retail brand.
- Drafting introducer appointed representative agreements.
- Advising on the disposal of captives.