Services

Through DCThree Services, Damian provides a broad scope of advisory and consultancy services within the insurance and reinsurance market, as well as mediation and claims support across a wide range of disputes.

Advisory/Consultancy/Sales & Marketing in the Insurance Industry

Introduction, sales & marketing of products and services and associated consultancy within the insurance industry
  • Introduction of products and services to insurers to enhance insurance policy portfolios
  • Working with technology providers in the e-money and cards/payments systems industries to promote and deliver business innovation and efficiencies to the insurance industry
 

Insurance Claims Audit, Adjustment and Review

Claims review of individual cases and books of business and claims audits on a portfolio basis across classes of business
  • Over the past 20 years, Damian has dealt with claims in very many classes of business, from RTA claims, Employer’s and Public Liability claims, holiday claims, After the Event delegated authority claims and fraud, through to a broad spectrum of commercial insurance and reinsurance disputes on issues such as aggregation and “Follow Settlements”.
  • Damian also advises on bespoke policy clauses and wordings and related risk management, as well as on UK matters arising out of global or national regulatory investigations (e.g. the U.S. Office of Foreign Asset Control (OFAC), the DTI and the FCA).
  • Alongside Damian’s mainstream work in the insurance/reinsurance markets, he also advises on commercial litigation and arbitration, most recently on commodities, natural resources and onshore oil & gas disputes, often with an African or Russian emphasis (for which he has been “particularly recommended” - Legal 500).
 

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 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 accident and health, property/Business Interruption, onshore energy and engineering, Directors & Officers liability and delegated authority/agency.  

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

    Reported Decisions in which Damian was involved:
  • 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