The team at Michelmores is very thorough, tenacious, and very knowledgeable. Lawyers have your best interest at heart and you trust their judgement.
Expert firm for insurance litigation matters. In depth understanding of insurers perspective and attention to detail.
Michelmores is first class in everything it does in the insurance sector.
A stand-out firm in this area… the team is strong for the technically difficult issues and can provide a straight answer to a tricky question, with analysis that can be trusted.
Very client-orientated, cutting straight to the relevant issues.
Insurance Policyholder Coverage Disputes
Our Commercial & Regulatory disputes team are well versed in advising and representing policyholders in relation to insurance coverage on a standalone basis or within the context of an existing commercial dispute or regulatory investigation.
Our experience extends to claims on D&O, professional indemnity, public liability, business interruption (including infectious disease and prevention of access clauses) and other specialist policies on either a claims made or occurring basis.
Recent illustrative examples of our work include advising on: PI coverage relating to FCA investigation and past business review by a financial planning firm; D&O coverage relating to alleged breaches of director duty in insolvency and unfair prejudice claims; business interruption coverage relating to the cancellation or postponement of international sporting and hospitality events; public liability arising from a high profile disaster; specialist coverage relating to the interruption of large scale multi-use property development sites or employee / contractor fatalities arising from health and safety failures; and pursuing negligence claims against brokers.
We are able to advise on your policy’s key terms relating to notification, excess, aggregation, limits of indemnity, extensions of cover, conduct of claims, subrogation, proof of loss submissions and dispute resolution including via arbitration. The strength and depth of our litigation offering also means that we can provide strategic advice where the resolution of your insurance claim dovetails with the conduct of any ancillary commercial or corporate dispute and regulatory investigation as well as reputation management or disciplinary action.
We pride ourselves on being approachable and focused on the most pragmatic way to mitigate your business or financial risks and losses during a time of crisis.
We are recognised and ranked in Legal 500 and Chambers & Partners for the specialist work that we do in this field.
Recent experience
Advising a chain of UK and Irish hotels and a high profile property development site in London in relation to business interruption, prevention of access and infectious disease coverage claims
Advising a sports travel and corporate hospitality business on coverage under a business interruption endorsement relating to the Olympics and Winter Olympics and the resolution of subrogated claims threatened against commercial partners
Advising a national wedding venue business in relation to the defence of subrogated claims brought by the insurers of couples whose weddings were cancelled as a result of COVID-19, whilst also advising on a parallel Competition and Markets Authority investigation
Advising a financial planning firm and its administrators on coverage under a professional indemnity policy for regulatory defence costs, redress payments under a s.166 skilled persons report and professional negligence claim against the broker following the failure of the policy to include a deeming provision
Advising a FCA regulated equity release firm on indemnification of regulatory defence costs (namely legal and consultancy fees) in the light of policy requirements for an effective notification of circumstances
Advising a founding director and shareholder of an SME technology business on D&O coverage relating to allegations of breach of director duty in the context of an unfair prejudice claim under s.994 Companies Act 2006
Advising a former director of an insolvent bridging finance company on D&O coverage relating to allegations of breach of director duty and a claim under s.423 Insolvency Act 1986
Advising insolvency practitioners on a coverage dispute under a professional indemnity policy regarding the notification of claims relating to an alleged sale of an asset at an undervalue
Advising a corporate in the agriculture sector on coverage under D&O, Employment Practices, Crime Coverage and Pension Trustee Employee Benefit Plan policies regarding a high value commercial claims arising from alleged breaches of employment contracts, director duties, confidentiality, trade secrets, infringement of intellectual property and economic torts
Acting for a public sector client defending litigation relating to an historic and high profile public incident giving rise to public liability insurance recoveries across several decades
Advising a corporate in the marine sector on coverage under a specialist insurance policy in relation to corporate manslaughter and breaches of health and safety investigations by the policy and other regulatory authorities
Advising a transport business on coverage under a combined employers, public and products liability insurance policy relating to an inquest following a fatality
