Helping insurers and insureds minimise their exposures
Our specialist lawyers and qualified accountants are well versed in company law and have extensive experience of handling claims under directors and officers and employment practices liability covers. Combining our corporate expertise with legal knowledge allows us to manage claims in a way that helps insurers and insureds minimise their exposures.
In addition to the UK, we have experience of legal systems in off-shore jurisdictions including the British Virgin, Cayman and Channel Islands, and on-shore, particularly across Europe, the Middle East – served by our Dubai based lawyers – and Latin America.
Types of claims we deal with:
Directors and officers liability
Employment practices liability
Warranty and indemnity insurance
For directors and officers claims we work closely with the insured persons, their brokers and counsel to monitor the defence strategies adopted. As well as advising on coverage, we assist insurers in managing defence costs, ensuring those costs remain reasonable and within budget.
Our capabilities in the management liability arena
- Advising insurers on complex coverage issues, including year of attachment, aggregation, allocation, and the application of exclusions
- Maintaining bordereaux to manage indemnity payments efficiently within policy limits
- Management and administration of defence costs, including reviewing invoices for reasonableness and ensuring that costs are covered by the policy and remain within appropriate budgets
- Monitoring developments in the underlying litigation or official investigation and working closely with brokers and counsel regarding the defence strategies adopted
- Claims arising under EPL extensions
- Facilitating the settlement of claims where appropriate
- Assisting insurers with multiple notifications involving the same insured individuals
- Reporting clearly, with an appropriate level of detail and at appropriate intervals, all agreed in advance with the insurer
- Identifying and dealing with reputational issues, by reference to the policyholder, their directors and insurers
- Managing multiple defence counsel to streamline the defence of claims and to avoid the duplication of costs
- Promoting co-operation between insured individuals in instances of divergence and conflicting defences
It is our unique ability to blend accountancy and legal skills that gives us the edge. We have extensive experience of regulatory investigations in the financial sector. We are experienced in HMRC and CMA investigations into directors’ conduct. We assist insurers with Environment Agency claims against both individual directors and corporate entities. We also assist insurers regularly with off-shore trust matters, claims against corporate service providers and claims involving directors’ duties in the context of insolvencies and administrations.
We frequently participate in mediations and other forms of ADR where this is the best way of resolving a claim. This is particularly relevant where a third party claim is defended. We attend with representatives of insurers and their legal advisers, and can take a lead or supporting role depending on the requirements of the case. Typically, we work in tandem with solicitors where cases are in litigation or arbitration in order to provide fast and effective advice.
We assess the initial complaint and assist with discovery and document production; we analyse and advise on the quantum providing insight and recommendations to assist the litigation strategy; we also assist with the review and preparation of evidence and the management of other professional experts. Our aim is to help our clients present the most persuasive case possible based on the available evidence.
Members of our team have acted as expert witnesses in a range of disputes. We fully understand the extensive work involved in preparing expert testimony and can communicate complex information confidently and concisely.