Services

Insurance and Reinsurance Dispute Resolution

Coverage review and advice, conduct of dispute resolution on both coverage and defence cases (via negotiation, litigation, arbitration and mediation). Advising on and conducting litigation/arbitration in non-marine disputes in many worldwide jurisdictions, with a particular emphasis on risks concerning property/Business Interruption, onshore energy and engineering, power and heavy industry risks (including smelting) and delegated authority/agency.

This experience has included landmark decisions, such as FCA v Arch & Others, Orient Express Hotels Ltd v Generali and Tokio Marine Europe Ltd v Novae Corporate Underwriting.

Reported Decisions in which Damian was involved:

FCA v Arch & Others [2021] UKSC 1
Tokio Marine Europe Insurance Ltd v Novae Corporate Underwriting [2013] EWHC 3362 (Comm)
Orient-Express Hotels Ltd v Assicurazioni Generali SpA [2010] EWHC 1186 (Comm)
Europ Assistance Insurance Ltd v Temple Legal Protection Ltd [2007] EWHC 1785 (Comm)
ING Re (UK) Ltd v. R&V Versicherung AG [2006] EWHC 1544 (Comm)
Rendall v. Combined Insurance Company of America [2005] EWHC 678 (Comm)
Heath Lambert v. SCORT and Banesco [2004] EWCA Civ. 792
Assicurazioni Generali SpA v. Arab Insurance Group [2003] 1 WLR 577

Mediation and training

In-house training for claims staff, including dispute resolution procedures and the mediation process

Conduct of mediations as a mediator or co-mediator
Damian is a qualified mediator with ADR Chambers.

Insurance Claims Audit, Policy Drafting/Review and Commercial Disputes

Claims review of individual cases and books of business and claims audits on a portfolio basis across classes of business from RTA claims, Employer’s and Public Liability claims, holiday claims, After the Event delegated authority claims and fraud.

Damian also advises on bespoke policy clauses and wordings and related risk management.

Alongside Damian’s mainstream work in the insurance/reinsurance markets, he also advises on commercial disputes (for which he has been “particularly recommended” - Legal 500).