Insurance and reinsurance disputes

Expert advice for policyholders and insurers

We act for policyholders, insurers and brokers in complex disputes across a broad spectrum of insurance and reinsurance issues. We will fight our client's corner fearlessly when needed, but we always aim to provide pragmatic, commercial advice which helps them reach fair and cost-effective solutions.

How we can help you

We provide expert advice on all things insurance coverage, from early policy interpretation and coverage advice, to acting in the most complex and hard-fought disputes. In addition, we provide non-contentious advice on insurance wordings, transactional insurance issues, and regulatory matters.

We resolve matters using negotiation, alternative dispute resolution, litigation and arbitration (including LCIA, ARIAS, ICC and Bermuda Form). We act for a range of businesses of all sizes, from start-ups to international corporations in the UK and internationally. 

Our experience covers all types of insurance and reinsurance policies, including public liability, professional indemnity, directors and officers, construction all risks, warranty and indemnity, trade credit, product liability and the power generation.

As a leading international firm advising the Tech, Media and Comms sector, we have particular experience in resolving coverage issues involving cyber, technology E&O and media liability policies, as well as working with insurers on covered claims.

Policyholders

Insurance can be a complex and unfamiliar subject for many clients. We have an intimate knowledge of the insurance market which helps clients to understand their cover and smoothly navigate the claims process on large and complex claims. Whilst we will help you get the most out of your policy, we understand how insurers see life and will help you avoid unnecessary disputes caused by misunderstandings.

The support we offer includes:

• Providing advice to clients regarding policy interpretation and insurance coverage.
• Advice in relation to notification of claims and circumstances.
• Assisting clients in relation to large claims/major incidents, including the preservation of insurance recoveries and claims presentation.
• Coverage disputes in arbitration and litigation.
• Advisory services in areas such as programme structure, counterparty insurance coverage and transactional matters.
• Acting as co-counsel on overseas losses involving English law insurance and reinsurance policies, including Bermuda Form disputes.

Insurers and brokers

We also work with insurers and brokers. The support we offer includes:

• Coverage and monitoring advice on large and complex claims for primary and excess markets.
• Defence and subrogation instructions particularly in fields including cyber liability, tech E&O, intellectual property, product liability and catastrophic injuries.
• Advising on coverage issues arising between insurers on large programmes and/or reinsurance issues.
• Brokers' errors and omissions.
• Own account contentious matters including binding authority disputes; regulatory issues (including whistleblowing, treating customers fairly and Consumer Duty), and investigations and reporting.
• Policy development and drafting.

Advice at the forefront of the law

We are routinely instructed in disputes at the forefront of new and developing law and emerging market trends. In particular, we advise on coverage issues arising in the fast-developing world of cyber insurance policies, on novel insurance issues arising from the development of AI and other new technologies, and in the rapidly growing area of warranty and indemnity and tax liability claims.

Our insurance disputes and claims lawyers

Our insurance team has cross-class capability and we regularly act on cyber risks, technology E&O, D&O, liability, professional indemnity, construction, property, warranty and indemnity, and employment liabilities. We have deep experience in the tech, cyber, construction, liability and energy markets in particular.

For cross-border mandates, we can call on our teams in France, Germany, Italy, Spain, Belgium and the Netherlands. We have a global network of contacts well placed to assist in jurisdictions where we do not have a presence.

Osborne Clarke's insurance litigation team have some highly experienced, able and dedicated lawyers who have proven ability to overcome challenges where others have not been successful ... Philip Tansley and Edward Cole have delivered a first-rate service. Their approach is pragmatic and efficient. Focussed very much on getting the right result.
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