Insurance
James has substantial experience of advising and representing insurers, insureds and insurance brokers in all manner of disputes arising from insurance policies, including those relating to pre-inception breaches (under the common law and under the Acts of 2012 and 2015); declinature of claims; the construction of the parties’ rights more generally; and claims under the Third Parties (Rights Against Insurers) Act 2010.
Prior to joining chambers, James worked at Fishburns Solicitors, where he specialised in insurance and professional negligence work.
Insurance Cases:
- Whether the rule in Re General Rolling Stock Co. (1872) 7 Ch App 646 that limitation in effect ceases to run on claims not statute barred at the date of insolvency applies to claims brought under the Third Parties (Rights Against Insurers) Act 2010 directly against the insurer to establish the insured’s liability, such that the insurer is not entitled to run a limitation defence unless the underlying claim was statute barred before the insured became insolvent. Successfully acted alone at first instance and on first appeal. Led by David Halpern KC in the Court of Appeal, where the case settled.
- Atta v HDI Global Specialty SE [2023] EWHC 2028 (KB). Whether claims regarding the misuse of a suitable product fell within product liability cover as “arising out of or in connection with any Product”; and whether costs of removal of that product were recoverable under the policy as being “for and/or arising out of…Damage” when there was a contractual liability to remove them which predated that damage.
- Dispute as to whether under a public liability policy events occurring after the incident allegedly giving rise to liability, but before liability is established, are to be taken into account when assessing whether “the non-compliance with the [claims notification] term could not have increased the risk of the loss which actually occurred in the circumstances in which it occurred” under section 11 of the Insurance Act 2015.
- Various Covid-related business interruption claims.
- TCC claim against new-build home warranty insurer for c. £6m. Representing claimant purchasers of a development of 51 flats created out of a former office block. Whether defects in fire stopping caused by inadequate construction and design constituted ‘physical damage’ as defined in the policy.
- Test case as to proper interpretation of legal expenses insurance policy and whether the insurer was estopped from relying upon the policy terms by reason of having paid out on numerous other policies when the insured had been guilty of a breach subsequently relied upon to decline cover. The case was relevant to hundreds of other policies written by the same insurer with clients of the same firm.
- Advising on the merits of potential claims under a bespoke policy insuring against cancellation of contracts to supply goods and services for the 2020 Tokyo Olympics.
- Claim on an event cancellation policy arising from the cancellation of a gig due to be played to c.30,000 people by an internationally well-known band. Interpretation of various conditions as to insurers’ liability.
- Advising on the merits of insurers’ imposition of new terms on a missing beneficiary insurance policy pursuant to the Consumer Insurance (Disclosure and Representations) Act 2012, including the proper interpretation of the statement of facts document and whether the requirement of a lack of reasonable care was made out.
- Advising an insurance broker on a claim for commission against an insurer arising from a binding authority granted by the insurer to an underwriter. Raised issues of the extent to which a broker must be the effective cause of the transaction giving entitlement to commission (and whether the broker’s role could be proven) and as to interpretation of the notice clause in the binder.
- Claim against insurance broker for secret profits made by failing fully to disclose commission paid to it by the insurer, which commission was in addition to a fee charged directly to the insured by the broker.
