About

Damian Cleary

For over 25 years, Damian Cleary has worked within the insurance industry to facilitate resolution and actually resolve very many types of issues and claims in and around EC3.

Damian has established an excellent reputation for handling insurance and reinsurance matters for the Lloyd’s and London markets and for which Damian has been recognised as one of the leading insurance and reinsurance lawyers in the industry: Chambers UK Guide – Insurance: Contentious Claims and Insurance: Reinsurance.

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

Experience

Extensive experience of leading complex reinsurance and insurance litigation and arbitration. Whilst always maintaining a leading reputation on reinsurance matters, more recent assignments have focused on large insurance advisory, coverage and defence matters, all with a dispute resolution bias. Mainly acting for UK, European and US insurers and reinsurers and Lloyd’s Managing Agents, on both inward and outward matters commonly with cross-jurisdictional dimensions.

Well-connected in the London and Lloyd's Markets, with strong contacts in many underwriting, broking and insurance claims departments.

More recently, Damian has advised the English and Irish markets on the response of business interruption policies to the Covid-19 pandemic, Follow Settlements issues as a result of his instruction by excess reinsurers in relation to the Thai floods in 2011, which includes the recent seminal authorities of Tokio Marine v Novae (2013) and Tokio Marine v Novae (2014).

Regarded by the London insurance market and competitors/peers alike as one of the more experienced UK legal experts on Business Interruption matters – see the leading UK authority of FCA v Arch (2021) for which Damian assisted one of the insurers involved, and the previous authority of Orient-Express Hotels Limited –v- Assicurazioni Generali SpA (2010), in which Damian acted for the insurer. As a result, enquiries for legal assistance have arisen from sources as far afield as New Zealand since the Christchurch earthquakes. To that end, Damian received a significant instruction from a major European insurer relating to a loss of revenue claim by the organisers of the Rugby World Cup arising out of the relocation of matches away from Christchurch.

Recent work includes: Follow Settlements, Commutation, Premium Payment Warranties, Material Misrepresentation/Non-Disclosure, Agent's Authority, Breach of Binding Authority, Subrogation Claims and Coverage Advice on Business Interruption losses, Engineering, Heavy Industry (including DSU and smelting losses), Onshore Energy/Turbine failures and Construction losses.

Legal Publications: Accolades and Recognition

Chambers & Partners (2015):

Ranked as a “Notable Practitioner”. “Described by sources as "knowledgeable," Damian Cleary is an adept member of the team who is particularly experienced in dealing with business interruption claims."I know that he is well liked and very respected by his insurer clients, who value his judgement," said one interviewee.”

Chambers & Partners (2014):

Ranked as a “Notable Practitioner”. “The "well-respected" Damian Cleary is recognised for his expertise in international business interruption and property damage claims. His insurance and reinsurance practice also includes experience in the onshore energy, accident and health sectors. "The team is very responsive - you can normally get an answer pretty quickly. They're very balanced in terms of views and thinking."”

Chambers & Partners (2012):

Ranked as “Leading Individual” Insurance: Contentious Claims and Reinsurance: “Not only does Damian Cleary possess "a keen insight into assembling the right legal team" but he also has "full knowledge of the strengths and weaknesses of the client's position." Since joining from Dewey & LeBoeuf in April 2010, he has been advising the Lloyd’s market and London companies market on a range of disputes, with particular specialisms in property, business interruption, and energy and engineering matters.”

Chambers & Partners (2010):

On Insurance: Contentious Claims and Reinsurance, listed as “commended for his commercial approach” with particular experience of “property, business interruption, Lloyd's market and errors and omissions claims”.

Chambers & Partners (2009):

On General Insurance Claims, listed as "Up and Coming" (a list of those who are at the forefront of their generation but who do not yet warrant inclusion in the tables and who are driving their firm's growth): ““Working at the coalface on many of the group’s cases,” Damian Cleary plays his role very effectively; “he shares the same business values [… looks at insurance disputes from an astute business perspective].””