Insurance

The insurance industry is going through a period of significant flux. Wide-reaching statutory developments, an increasing web of regulation, and an array of new technologies, platforms, and associated target markets are emerging for the market to grabble with.

We recognise that the relevant stakeholders are looking to cut costs where possible in order to maintain a profitable bottom line. We also recognise that, in such an economic climate, the preservation of long-standing commercial relationships is absolutely key. Even with contentious matters, therefore, we understand that how the matter is handled is often as important as the ultimate outcome.

The Insurance team has in-depth experience of handling various aspects of the ‘stock’ insurance work, with particular expertise in:

  • Policy coverage disputes, across various classes of business
  • Policy wordings advice
  • Fraud
  • Subrogated recoveries
  • Liability / Defence

The team’s combined experience spans various lines of business including Property, Fine Art & Specie, Professional Indemnity, Financial Lines, Product & Public Liability (including HSE prosecutions), Construction, and Specialty.

For all standalone advice, and recognising the existing pressures on the industry, we will provide an initial opinion for a fixed fee, bringing financial certainty to the client. Should our ongoing advice/input be required, we have various innovative fee structures available.

Our subrogated recoveries scheme is different to anything else on the market. Capital Law has its own litigation fund (a UK first), which allows us to adapt funding terms to each individual claim. The starting point is that we will cover all costs of the litigation on an ongoing basis – fees, disbursements, even any liability for third party costs – in exchange for a share of the ultimate recovery. That share will reduce the more straightforward the claim is, and the earlier that it settles. For further information on the scheme click here.

Beyond those discrete matters, however, we aim to deliver genuine long-term savings to our clients by offering innovative services which recognise the ongoing challenge of legal and regulatory developments and aim to address the pressing need for innovation within the sector in the face of increasing pressure on rates and ratios.

For further information about our separate InsurTech practice click here.

Meet the team:

  • Picture of Andrew Brown, a Capital law partner providing legal advice in the Corporate Disputes, Sports&leisure, Energy, Construction&Projects departments.

    Partner

    Tel: 029 2047 4420/ 07872 152 688

    a.brown@capitallaw.co.uk

    Andrew graduated with First Class Honours in Law and is top-ranked by Chambers and Partners and The Legal 500.

    Andrew has extensive experience of dealing with contentious insurance matters, to include:

    • Policy coverage disputes (both policy validity and policy liability issues)
    • Significant subrogated recoveries in relation to property damage and subsidence claims (of values up to £120m)
    • Professional negligence claims (primarily Solicitors and Accountants / Auditors).

    Before joining Capital, Andrew spent 3 years at Eversheds LLP, advising various insureds and insurers including L&G, Royal & Sun Alliance, Lloyds TSB Insurance, AXA Insurance, Zurich and Scottish & Southern Electricity (captive insurer).

  • Clayton-Williams

    Consultant

    Employment

    Insurance

    c.williams@capitallaw.co.uk

    Clayton is a regulatory, inquest and criminal litigation solicitor with twenty years experience of appearing on behalf of clients at Health Care Professional Council and Nursing Midwifery Council proceedings to determine fitness to practice. He is a specialist in road traffic offences and appears at HM Coroner Inquests and as a defence lawyer before the criminal courts.

    Clayton joined Capital Law’s Employment department October 2016 as a Consultant.

  • Ian Spencer

    Solicitor

    Tel: 029 2047 4441 / 07773 217 862

    i.spencer@capitallaw.co.uk

    Ian joined Capital Law in August 2016 from Lyons Davidson where he gained extensive experience of working with various insurers and different classes of business. This included:

    • Home and Commercial Property Insurance (both coverage and subrogated recovery / defence claims)
    • Dealing with both BTE and ATE insurance policies and the claims arising thereunder
    • Product Liability / Defective Products (including motor vehicles), including disputes falling within the Consumer Protection Act
    • Construction Disputes
    • Professional Indemnity claims (Surveyors, Solicitors, and other professionals)

    Ian has also delivered in house training for a number of insurers in relation to the use of Legal Advice Helplines, Contract Litigation, and other issues.

  • Lucy Emmanuel

    Solicitor

    Tel: 029 2047 4415 / 07773 217 157

    l.emanuel@capitallaw.co.uk

    Lucy has over seven years of experience in claims involving professional indemnity insurance, and specifically claims against solicitors, surveyors, and IFAs. This includes coverage advice both in general terms and on specific points such as aggregation.

  • Nick Pester

    Partner

    Insurance

    Tel: 029 2047 5074 / 07966 551167

    n.pester@capitallaw.co.uk

     

    View Nick Pester's profile on LinkedIn

    Nick joined Capital Law in January 2017 after 13 years working at a leading insurance practice initially in London and subsequently in Bristol. Nick has been tasked with developing and leading the firm’s insurance practice, adopting an innovative and contemporary approach that distinguishes it from the established City practices.

    He specialises in all aspects of insurance law both contentious and non-contentious (across various classes of business) to include:

    • Policy coverage disputes
    • Wordings advice / drafting
    • Regulatory aspects of insurance law
    • Complex recovery/liability claims arising out of the underlying insurance policies.

    Notable work:

    • Acting for German Underwriters on a Jewellers Block coverage dispute involving the theft by fraud of jewellery worth over £2m
    • Advising a well-known household insurer on its full suite of online insurance offerings, and specifically the formal / structure of the Proposal Form
    • Acting for several London market insurers in relation to the Hatton Garden heist in April 2015
    • Coverage claim involving extensive fire at Prestigious London Private Members Club, originating in kitchen extraction duct and resulting in a claim worth over c£7m
    • Public liability claim defending Building Contractors and their Insurers in respect of a school fire causing c£10m worth of damage

    Nick also spent 5 months at Veolia Environmental Services UK as Acting Group Litigation Counsel back in 2008, being the main legal point of contact for contentious matters in a company of c14,000 employees.

    He is also a keen runner, guitar player and is in the process of learning French, whenever his two young children allow him the time.

  • Picture of Philip Jones, a Capital Law partner working with with departments providing legal advice in departments such as Commercial, International, Energy and Construction, Education and Intellectual property

    Partner

    Insurance

    Tel: 029 2047 5074/ 07966 551167

    p.jones@capitallaw.co.uk

    Philip has over twenty years of experience and has provided insurance advice to many insureds and insurers including AXA Insurance, Aviva,  HBOS, DAS , GRE, Travelers and RBS. Philip was also retained by a major insurer in relation to millennium bug risk limitation.

    Philip’s main areas of practice include:

    • Policy coverage disputes (both policy validity and policy liability issues)
    • Subrogated recoveries relating to property damage and subsidence claims
    • Professional negligence claims (Surveyors, Brokers, and other Insurance Intermediaries).

    Philip has been featured as The Times Lawyer of the Month and has appeared on national television and radio.

  • Picture of Rachel Hillier, a Capital Law solicitor working with with departments providing legal advice in departments such as Commercial and Corporate

    Associate

    Insurance

    Tel: 029 2047 4457

    r.hillier@capitallaw.co.uk

    Rachel provides regulatory, corporate and commercial advice to a broad base of financial services clients in the personal pensions, mortgages, insurance and IFA market.

    Her work includes:

    • advising on the interpretation and implementation of FCA regulation and guidance;
    • mergers and acquisitions of businesses regulated by the FCA;
    • corporate reorganisation and restructuring of financial services businesses; and
    • advising on, drafting and negotiating commercial contracts.
  • Picture of Stacey Birchard a Capital Law solicitor with departments providing legal advice in departments such as Commercial disputes, Recovery&Insolvency

    Solicitor

    Tel: 029 2047 4410 / 07977 313 200

    s.birchard@capitallaw.co.uk

     

    View Stacey Whittle's profile on LinkedIn

    Stacey has considerable experience of dealing with insurance-related claims, including claims against brokers, accountants, surveyors and solicitors. She has advised various insurers on both liability and indemnity issues and also has experience of acting on behalf of insureds in policy coverage disputes. She has a keen understanding of the key legal and commercial issues which arise on both sides of the insurance contract.

    View Stacey’s Insurance C.V here >