Insurance and reinsurance disputes

Expert advice for policyholders and insurers

We act for insurers, brokers and policyholders in complex disputes across a broad spectrum of insurance and reinsurance issues. Whilst we will fight our client's corner fearlessly when needed, we 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 matters ranging from light touch assistance on large or difficult claims to acting in the most complex and hard-fought disputes. We resolve matters using negotiation, alternative dispute resolution, litigation and arbitration (including LCIA, ARIAS, ICC and ad hoc). With clients in the UK and internationally, we act for a range of businesses from start-ups to international corporations. In addition, we provide noncontentious advice on insurance wordings and regulatory issues.

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 full range of marine covers.

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.

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 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, advising on counterparty insurance coverage and transactional matters.
• Acting as co-counsel on overseas losses involving English law insurance and reinsurance policies and Bermuda Form disputes.
• Advising clients on their right to appoint the legal representation of their choice under The Insurance Companies (Legal Expenses Insurance) Regulations 1990.

Insurers and brokers

We work closely with London Market insurers and brokers and international insurers.

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 inwards and outwards reinsurance.
• Brokers' errors and omissions.
• Own account contentious matters including binding authority and regulatory issues (including whistleblowing, treating customers fairly and the new Consumer Duty), 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 policy development and coverage issues arising in the fast-developing world of cyber insurance policies and on novel insurance issues arising from the development of new technologies and their impact on traditional insurance wordings.

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.
Legal 500 client survey