Our insurance disputes practice 2012
2 Our insurance disputes practice About our insurance disputes practice Insurance coverage expertise Unlike almost every other top commercial law firm, our insurance disputes practice specialises in acting for policyholders in coverage disputes. While our leading contentious insurance practice deals with all types of insurance issues we concentrate on high-value insurance coverage for policyholders. This puts us in a unique position when it comes to representing the interests of insured clients in the UK insurance market. By working closely with our banking, regulatory, corporate, arbitration, litigation, insolvency and capital markets practices across our international network, we can advise on complex issues as they evolve and develop. We fully understand the interplay between the operation of structured finance products and the insurance cover related to them. Our insurance cases typically involve catastrophic losses, difficult coverage and loss allocation issues, often with complex underlying international litigation and arbitration. We are experts in: professional indemnity/civil liability product liability, toxic tort liabilities and product withdrawals (particularly in the pharmaceutical context) environmental, nuisance, property damage and business interruption claims D&O liabilities (often connected to US securities class actions) catastrophe financial risk Arbitration experience Our policyholder coverage practice forms a central part of our top ranked global international arbitration practice. Our international arbitration specialists: act as arbitrators appear before arbitral tribunals, around the world argue foreign laws before those tribunals co-ordinate arbitrations in conjunction with overseas co- counsel know the arbitrators and the other lawyers on the arbitration circuit are often involved in groundbreaking cases concerning English arbitration law. We also enjoy excellent administrative and technical support which means that: we are used to dealing with high value and large scale arbitrations we can work more effectively with overseas co-counsel we can draw on our excellent paralegal team and cutting edge legal technology for efficient document management. This is particularly important in Bermuda Form litigation where the discovery in the underlying product liability litigation often forms the majority of the discovery in the coverage disputes. credit insurance crime policy/bankers blanket bond regulatory risk and political risk distressed captives and insolvent insurers insurance and reinsurance advisory services. Allen & Overy LLP 2012
3 Bermuda Form expertise We have particular experience of the Bermuda Form from its early days in the 1980s to the present. The disputes in which we have acted have covered a wide range of product liability issues (from medical prostheses to pharmaceutical products to crop spraying) and various catastrophic events, including oil refinery explosions. This means we know: the history and terms of the Bermuda Form how the form has been interpreted and applied the likely defenses raised by insurers and the tactics they deploy the US law issues which arise many of the arbitrators with recent experience of the form. Allen & Overy was also the first firm to litigate the Bermuda Form policy before the English Court of Appeal in the landmark case of C v D in which the English Court restrained an insurer from seeking to challenge an English arbitration award (made under the Bermuda Form) in the New York Courts on the grounds of alleged manifest disregard of New York law. In the last five years, our work with the Bermuda Form has concentrated on the US pharmaceuticals sector. During that period, we have represented a world-leading pharmaceutical company successfully in a series of Bermuda Form arbitrations in London concerning pharmaceutical product liability issues. Experience of the US regulatory and litigation environment As a result of our extensive experience of working with a range of companies in their coverage disputes, we are very familiar with the regulatory system in the US. We also understand the key elements of the US litigation landscape which lead to extensive numbers of claims and the factors which drive claims settlement, including the impact of both forum shopping and the US civil jury system on the risk of punitive or otherwise significant damages awards. In particular, we are familiar with: the concept and key characteristics of a mass tort (including managerial judging, claims aggregation, orchestration of a common strategy and tactics by plaintiffs counsel and the typical development and maturation of a mass tort) the aggressive nature of the plaintiffs bar and the various tools used by plaintiffs attorneys to alert them to potential issues that may give rise to claims the possibility of consolidating claims and the organisational opportunities and efficiencies for plaintiffs counsel presented by MDLs. We also understand how claims are handled by defendants and their national and local counsel in product liability lawsuits. We are used to handling their expense databases and claims files and using sampling and statistical analysis when quantum issues arise. We often deal with mass tort experts and plaintiffs lawyers as witnesses in insurance coverage disputes.
4 Our insurance disputes practice Recent matter highlights Gas power company Achieving a 100% recovery on a property damage and business interruption claim against insurers for losses suffered to a twin-turbine closed cycle gas power station in the west of England. The claim totalled over 80 million. Multinational oil company Assisting a multinational oil company in making a full recovery on its property damage and business interruption coverage for losses suffered at a methanol plant in Equatorial Guinea, including the successful challenge of English court jurisdiction. International generator Successfully representing one of the major international generators to recover under its political risk insurance following a change in law that forced it to liquidate certain of its joint ventures in China. Multinational oil company Assisting in securing a recovery under political risk policy following government action to impose additional tax to extract all profit from oil exploration in a South American region. Asset manager Acting for a major asset manager on its insurance coverage regarding claims of poor performance relating to 40 billion of funds under management. The allegations and the relevant products were of enormous complexity. Securing the insurance recoveries was vital to the overall resolution. Financial institutions Acting, in two separate matters, for major banks in recovering under their respective policies of civil liability insurance for settlements of US investor claim actions seeking billions of dollars in damages and associated defence costs. Both claims gave rise to complex issues as to the scope of coverage, public policy and choice of law. Major corporate Successfully representing a multinational corporate in a claim of $3.7 billion under a catastrophe financial loss programme, including acting in LCIA proceedings against nine insurers. Chemical plant Advising clients on coverage issues under a property damage and delay in start-up policy for losses arising on the construction of a chemical plant in the Gulf region. Global financial institution Defending a claim brought by insurers seeking to avoid cover on the ground of alleged securities fraud on the part of the insured, and successfully representing our financial institution client in a mediation of the dispute. Crime Achieving recoveries under crime policies for major banks and hedge funds following losses by Madoff and other Ponzi Schemes. Political Risk Advising on political risk claims resulting from the closure of the oil pipeline from South Sudan to Sudan. European financial institution Advising a European financial services provider in respect of a claim for Є40 million arising under a crime policy. What we can offer Pre-eminent insurance policyholder disputes practice Market-leading and long-standing experience with the Bermuda Form Strong familiarity with the regulatory system and litigation environment in the US Allen & Overy LLP 2012
5 Insurance disputes partners Combining extensive insurance coverage, commercial arbitration and Bermuda Form experience. Joanna Page Joanna heads our market-leading contentious insurance practice and has acted extensively in insurance coverage issues, typically for non-uk insureds or reinsureds. Her most recent cases have tended to involve Directors & Officers, catastrophe financial and political risk cover, forms of alternative risk transfer schemes, business interruption and product liability. She also has considerable experience dealing with problems that can emerge with captive insurers. Joanna uses all types of resolution processes whether litigation, arbitration or alternative dispute resolution. Her arbitration experience includes ICC, LCIA and UNCITRAL arbitrations together with ad hoc arbitrations. She has litigated extensively in the Commercial Court and in the Chancery Division. Partner, London Tel +44 (0)20 3088 3730 Mob +44 (0)7768 500619 joanna.page@allenovery.com Joanna is a CEDR accredited mediator and a Fellow of the Chartered Institute of Arbitrators. The truly excellent Joanna Page specialises in high-value professional indemnity cases and recently advised clients on Madoffinspired crime coverage policies Chambers UK 2011 Joanna Page exercises good judgement and is like a terrier with a bone when it comes to resolving issues for clients Legal 500 UK 2010 Joanna Page is widely recognised as a fantastic asset for the firm, having built a formidable insurance team. She combines keen, commercially oriented strategic advice with a friendly, delightful demeanour. Chambers UK 2009 Richard Farnhill Richard specialises in arbitration and dispute resolution, with particular experience in contractual disputes. He continues to be regarded as a rising star in the field of insurance, particularly with regard to the energy and utilities and financial services sectors. Richard s experience includes a number of claims under professional indemnity and D&O policies covering US securities class actions. He is currently assisting a number of clients with the insurance implications of their Madoff exposures. Richard has worked with both the Paris office and the non-contentious insurance group of the London office, particularly as regards the reinsurance implications of complex financial products. Partner, London Tel +44 (0)20 3088 3671 Mob +44 (0)7767 674245 richard.farnhill@allenovery.com Richard is qualified in England and New York and has practised in both jurisdictions. He formerly taught the law of contract on a part-time basis at the University of London. Strong experience across multiple sectors and jurisdictions High-quality service from a dedicated team of experts Seamless integration with our leading banking, regulatory and litigation practices across our network
6 Our insurance disputes practice Insurance disputes partners continued Richard Smith Partner, London Tel +44 (0)20 3088 3734 Mob +44 (0)7775 904079 richard.smith@allenovery.com Richard has conducted a large number of international commercial arbitrations, particularly in relation to insurance coverage, shareholder and merger and acquisition disputes, representing parties from across the globe, often involving foreign laws, non-english witnesses and conducted under institutional rules or on an ad hoc basis. In his insurance coverage arbitration practice, Richard has gained significant experience of the Bermuda Form excess liability policy, particularly in the product liability context, often involving claims for hundreds of millions of dollars. He has particular experience of acting for US manufacturing companies, including large pharmaceutical and healthcare companies, and has a deep knowledge of the associated litigation, mass tort and regulatory environment in the US. Richard also has extensive knowledge of jurisdictional disputes and anti-suit injunction applications in an arbitration context and has represented the successful parties in the following important recent English Commercial Court and Court of Appeal cases: Weissfisch v Julius (Court of Appeal), A v B (Commercial Court) and C v D (Court of Appeal). C v D was singled out by the Financial Times in 2008 for its legal innovation. Richard also advises arbitrators on their legal obligations and has significant experience of arbitrator challenges and the associated jurisprudence on actual and apparent arbitrator bias. Richard is a solicitor advocate and a member of the LCIA. Richard Smith is popular with clients as he doesn t stand on ceremony but really listens to your concerns. Sources further praise his ability to communicate complex ideas and concepts in a manner a layperson will understand. Chambers UK 2012 Richard Smith is professional and knowledgeable in exercising judgement and case leadership. Legal 500 UK 2010 Richard Smith is particularly well versed in Bermuda Form arbitrations and wins significant acclaim for his excellent skills in large-scale claims and litigation. Chambers UK 2010 Allen & Overy LLP 2012
7 Quality outfit Allen & Overy LLP has a good reputation for policyholder representation, and Bermuda Form excess liability and pharmaceutical product liability claims are strong areas of practice. Legal 500 2011 The policyholder practice draws on the firm s wide resource base to offer a comprehensive service to clients. Chambers UK 2011 The practice continues to excel in credit insurance and Bermuda Form work. Legal 500 UK 2010 It can assemble a massive team at the drop of a hat, which is incredibly helpful in colossal litigation. Chambers UK 2010 The team is first choice in acting for insureds. Legal 500 UK 2010 This magic circle firm is renowned in the market as one of the strongest for policyholder work. Sources are particularly impressed by the team s commercial knowledge, and by the breadth of resources available across many jurisdictions. Chambers UK 2010 Allen & Overy represents the number-one choice in the market for policyholder work. Chambers UK 2009
LONDON Allen & Overy LLP One Bishops Square London E1 6AD Tel +44 (0)20 3088 0000 Fax +44 (0)20 3088 0088 GLOBAL PRESENCE Allen & Overy is an international legal practice with approximately 5,000 people, including some 512 partners, working in 40 offices worldwide. Allen & Overy LLP or an affiliated undertaking has an office in each of: Abu Dhabi Amsterdam Antwerp Athens (representative office) Bangkok Beijing Belfast Bratislava Brussels Bucharest (associated office) Budapest Casablanca Doha Dubai Düsseldorf Frankfurt Hamburg Hong Kong Istanbul Jakarta (associated office) London Luxembourg Madrid Mannheim Milan Moscow Munich New York Paris Perth Prague Riyadh (associated office) Rome São Paulo Shanghai Singapore Sydney Tokyo Warsaw Washington, D.C. Allen & Overy means Allen & Overy LLP and/or its affiliated undertakings. The term partner is used to refer to a member of Allen & Overy LLP or an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Allen & Overy LLP s affiliated undertakings. Allen & Overy LLP 2012 I CS1205_CDD-3080_ADD-5493