Our client is the provider of a gaming network in over 100 countries, including Europe, Australia / NZ, Russia, the Middle East, Africa, and India.

They suffered a well publicised intrusion in April 2011, and were shut down globally for a number of weeks as a result. We are instructed by the gaming company in relation to claims for indemnity against both its E&O insurers, and its Property Damage and Business Interruption (“PDBI”) insurers.

The E&O claim relates to the scope of cover available for a multi-million pound (equivalent) class action against the company in Israel.

The PDBI claim relates to the company’s loss of profit caused by the intrusion, and involves novel and commercially significant issues relating to the extent to which interference with electronic data constitutes “property damage” under a PDBI policy.

The claim involves a considerable amount of technical complexity. We are currently in a pre-litigation voluntary disclosure stage, which is expected to continue for several months.

 

We acted for a building contractor which negligently caused a fire whilst carrying out hot works.

Insurers declined to provide an indemnity and purported to avoid our client’s public liability policy on the basis that our client had breached various warranties.

We successfully argued that, in fact, the warranties were conditions precedent and that the obligation to comply with them was not strict, but had to be considered according to what was reasonable in the circumstances.

A full indemnity was provided to our client.

Our client was retained as main contractor in relation to the design and construction of two ferry berths in Belfast. Following practical completion various design errors were discovered which had been made by our client’s sub-consultants.

Our client was required to carry out remedial works valued in the region of £10m, and sought an indemnity from its professional indemnity insurers: for the primary layer and the excess layer.

A dispute then arose with both insurers in relation to whether the various mistakes made by our client’s sub-consultants should be aggregated together: if so, then the primary insurer’s liability would be limited to £5m, and the excess layer insurer would be responsible for the balance; if not, then the primary insurer would be responsible for a much more significant portion of the loss.

We have been retained to advise our client on coverage. Although other solicitors had previously been instructed in relation to coverage, our positioning within the London insurance market, and our market contacts, maximises the chances of a successful outcome being achieved.

Our client was retained as the main contractor in relation to the design and construction two wind farms in Ireland.

Following the discovery of design defects, a claim was made against our client for c.£10m. Our client notified the claim to its insurer, which confirmed indemnity and assumed conduct of the defence of the claim.

After the collapse of that insurer, and the transfer of its claims handling obligations, an audit uncovered an alleged misrepresentation in our client’s proposal form, and it refused the declinature through arbitration.

 

Meet the Team

David Pryce Managing Partner

David is a partner specialising in insurance disputes, with a particular focus on Construction and Technology risks.

Read More

Jonathan Corman Partner

Jonathan is a partner specialising in insurance disputes, with a particular focus on Professional and Financial risks.

Read More

John Curran Partner

John is a partner specialising in insurance disputes with a particular focus on D&O, Energy, Industrial, and Institutional risks.

Read More

Joanna Grant Partner

Joanna is a partner specialising in insurance disputes, with a particular focus on Property Risks.

Read More

Amy Lacey Partner

Amy is a partner specialising in policyholder insurance recoveries and advice on construction, property and financial risks.

Read More

James Morris Senior Associate

James specialises in representing policyholders in insurance coverage disputes under a range of financial lines insurance policies, including Professional Indemnity, D&O, Crime, Cyber and W&I.

Read More

Laura Steer Senior Associate

Laura is a senior associate specialising in insurance disputes. Laura has a broad range of experience, but with a particular focus on Energy and Property risks.

Read More

Alex Rosenfield Senior Associate

Alex has a solid grounding in coverage disputes. His experience includes professional indemnity claims, property damage and business interruption.

Read More

James Breese Associate

James has considerable litigation and regulatory experience to compliment his knowledge of insurance disputes.

Read More

Daniel Robin Associate

Daniel is an associate specialising in insurance disputes with a particular focus on professional liability, property damage, commercial combined policies and financial lines related policies.

Read More

Rob Fink Consultant

Rob is a consultant specialising in insurance disputes, with a particular focus on Professional & Financial risks.

Read More

Donna Baldwin Practice Director

Donna is Fenchurch Law’s Practice Director.

Read More

Michael Hayes Business Development Manager

Michael is Fenchurch Law's Business Development Manager.

Read More

Fiona Oletu-Martins Operations Assistant

Fiona provides administrative support to all fee earners and ensures the smooth running of the Fenchurch Law office.

Read More

Tracey Pryce BD & Operations Consultant

Tracey is a consultant to Fenchurch Law, providing support to the business development and operations team.

Read More

Our Approach

Underpinning everything we do is the belief that honest policyholders, with genuine claims, should be supported by their insurers through every step of the claims process, and should have their claims paid, in full.

Our Principles

All our efforts and energies are directed towards one purpose, which we call The Fenchurch Law: always act in the policyholder’s best interests.

Services

Services for Brokers