Reinsurance & International Risks

Commercial insurance plays a vital role in global business, and for centuries the London Insurance Market has led the world in its ability to underwrite large, complex, and bespoke risks. The London Market also has a well-earned reputation for paying valid claims, and a proud history of supporting policyholders when they need it most: never more so than when Cuthbert Heath responded to the San Francisco earthquake in 1906 by instructing his agents to “pay all of our policyholders in full, irrespective of the terms of their policies”. However, despite the London Market’s reputation for claims payment, it is a fact of business life that genuine disagreements do arise between policyholders and insurers about whether claims are covered, particularly where the losses are large.

Fenchurch Law’s Reinsurance & International Risks practice group is led by Associate Partner, Daniel Robin.  Our team of specialist lawyers represent non-UK and multinational policyholders, captives, and cedants from across the world which either insure or reinsure risks into the London Market.  We have acted for some of the world’s best known businesses, and our team has successfully resolved coverage disputes on behalf of clients from every continent.  Although as a firm we are focused exclusively on representing policyholders, our Reinsurance & International Risks team is happy to take instructions from captives and from insurers outside the London market in relation to claims by them under reinsurance policies against London Market insurers.

Our specialist solicitors have proven expertise in relation to all aspects relating to Reinsurance & International Risks, including pursuing claims under the following policy types:

  • Construction / Erection All Risks
  • Directors’ and Officers’
  • Trade Credit and Political Risks
  • Financial Institutions
  • Transactional Risks: Warranty and Indemnity, POSI, Tax Indemnity and Contingent Liability
  • Crime and Fidelity
  • Technology/Cyber
  • Political Violence and Terrorism
  • Professional Indemnity
  • Property Damage & Business Interruption
  • Public Liability
  • Kidnap & Ransom
  • Reinsurance

Our lawyers are highly experienced in dealing with all relevant legal issues, including:

  • Application of recent legislation:
    • Insurance Act 2015
    • Enterprise Act 2016
    • Third Parties (Rights against Insurers) Act 2010
  • Breaches of conditions, conditions precedent, and warranties
  • Claims under Local and Master Policies
  • Conflict of laws
  • Difference in Conditions / Difference in Limits
  • Gaps in cover between policy years
  • International Arbitration
  • Interpretation of bespoke and standard form exclusions
  • Late notification
  • Misrepresentation and nondisclosure
  • Scope of cover disputes

The group’s work includes coverage disputes relating to:

  • The construction of one of the world’s longest cable-stayed bridges, in Central America;
  • The construction of the world’s tallest dam, in Central Asia;
  • An outage caused by a catastrophic turbine failure, affecting a significant proportion of the host country’s electricity supply, in South America;
  • The global outage of one of the world’s best known online gaming platforms;
  • The alleged failure by auditors in the Cayman Islands to detect a $100m fraud;
  • A Nigerian utility company’s D&O policy;
  • Claims against the Directors of a New Zealand insurance company in liquidation;
  • The theft of 3000 mt petrochemical products by a national energy operator in Liberia;
  • Business Interruption Losses suffered by a global luxury hotel operator in Dubai, Mauritius, Rwanda, South Africa, Mexico, Morroco and Australia;
  • Claims brought by a global travel company under local and master policies following catastrophic flooding in France;
  • The impact on the hospitality sector of the Gilets Jaunes protests in Paris.

At whatever stage of a claim Fenchurch Law becomes involved, we always work proactively with all parties involved in order to achieve the most appropriate and fair outcome to coverage disputes, working efficiently and at proportionate cost. We work particularly closely and collaboratively with insurance brokers, combining our legal skills with their commercial leverage to achieve the best possible outcome for every one of our clients.

Call us on +44 (020) 3058 3070

Relevant Reinsurance & International Risks case studies

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Meet the Reinsurance & International Risks Team

Relevant Reinsurance & International Risks News

The world’s first LEG3 Court decision, and what it means for the Builders’ Risk market

Introduction 27 years after the London Engineering Group (“LEG”) introduced its suite of defects exclusions, a Court in the District of Columbia in the USA has delivered the world’s first Court…

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Covid BI claim jurisdiction overturned on appeal

In Al Mana Lifestyle Trading LLC & others v United Fidelity Insurance Co PSC & others [2023] EWCA Civ 61, the Court of Appeal (by a 2:1 majority) held the English courts did not have…

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Grasping the Nettle on International Risks

Recent decisions of the English courts show enthusiasm for boldly tackling the largest and most complex cases, including those involving international risks, with significant implications for…

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