Insurance disputes

Our international team of litigation and arbitration lawyers are world renowned for their legal and tactical expertise, depth of resource and clout. Sadly, but possibly inevitably, insurance policies can lead to coverage disputes. We specialise in advising on the resolution of large and difficult claims from the London and international insurance market, and in the defence of claims against companies and their directors which are insured under all types of liability insurance policies.

There is no better place for insurance buyers to come for help with their serious problem claims: we understand the market well; we give good, practical advice; and we have a terrific track record. As insurance policies increasingly require arbitration of disputes, especially in London, our award-winning arbitration expertise plays to our strengths in this area, as does our international reach in dealing with cross-jurisdictional problems that often arise with globally placed insurance programmes. We like to work hand in hand with brokers to achieve successful collection using the fastest and most flexible techniques of international arbitration and mediation.

For further details please contact Joanna Page (UK), Dumnern Subpaisarn (Asia Pacific) or Pierre Schleimer (Mainland Europe).

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The ‘but for’ causation test, which is mirrored in the drafting of many business interruption insurance policies, remains the appropriate causation test where there are two concurrent independent causes of loss.
In the case of IRB Brasil Resseguros SA v CX Reinsurance Co Ltd [2010] EWHC 974 (Comm), 7 May 2010, in this appeal on a point of law from an arbitration award, the court found that the arbitrators had applied the correct standard of proof, namely “balance of probabilities”, when applying the “double proviso” test in respect of a “follow settlements” clause.
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