Insurance Disputes

Ogier acts for global insurers and insured parties in a variety of claims from financial insurance to professional indemnity insurance and all types of business insurance including cyber, directors and officers.

Our specialist Insurance Diputes team acts in both contentious and non-contentious matters. We offer specialist legal advice to insurance and reinsurance undertakings and other service providers in the industry.

We represent domestic and international insurers in the areas of professional indemnity, casualty, liability, EL/PL, catastrophic injury and property. Ogier's Insurance and Reinsurance team advises insurers, reinsurers, intermediaries, distributors, investors and industry associations in respect of regulatory and compliance obligations.

We understand the complex issues that can arise and offer practical and pragmatic advice.

Services

Professional indemnity

We have in-depth expertise in the complex area of professional indemnity, acting for several global insurance companies in defending solicitors, construction professionals, directors and officers, accountants, property professionals and in relation to cyber issues. We provide practical, commercial advice to insurers and to the professionals we represent. Our policy is to resolve claims pragmatically through project management techniques while exploring all forms of dispute resolution.

Our services

  • Coverage advice and arbitration
  • Assessing liability and quantum
  • Project management of claims
  • ADR: mediation, conciliation, adjudication and arbitration
  • Regulatory advice and legal assessor role
  • Representation at disciplinary proceedings

Insurance disputes

When a claim materialises and there is a dispute over coverage it can mean the difference between profit and loss for an insurance company and/ or the future existence of an insured party. Coverage disputes require specialist knowledge with experience in insurance arbitration. Coverage disputes are often "documents only" arbitration without an oral hearing, which requires detailed submissions and knowledge of interpretation laws.

Our services

  • Acting as arbitrator
  • Investigation and advice of coverage
  • Representing insurer in coverage arbitration
  • Representing insured at coverage arbitration
  • Drafting ADR provisions in insurance contracts
  • Enforcement of arbitral awards
  • Negotiation of coverage disputes

Directors and officers (D&O)

Directors and officers are heavily regulated, with an extensive scope of duties imposed on directors.

Ogier acts for directors and officers, as well as their insurers. We assess coverage, prepare coverage opinions and investigate directors’ and officers’ liability claims. We defend coverage actions in courts and at arbitration. We also act in the defence of claims in a pragmatic, efficient and cost-effective manner.

We act for directors and officers both in a direct capacity and when instructed by insurers. This coupled with the strength of our corporate and commercial departments provide our clients with the experience they need.

Our services

  • We act for directors and officers directly in advising them with regard to any directors' duties claims, company disputes, shareholder disputes, corporate governance and regulatory matters.
  • We act for insurers in providing coverage advices and acting in coverage disputes.
  • We act for insurers and their insureds in the defence of claims including but not limited to wrongful/reckless trading/insolvency claims, employment, health and safety, white collar crime, civil fraud, regulatory and environmental matters.

Cyber

As a law firm with a specific technology focus and with the benefit of a legal technology company, we are well placed to handle cyber claims. We are experienced in handling cyber claims and our systems and approach put us at the forefront of this developing industry.

We have acted with insurers with respect to cyber claims and also with business clients directly.

We can also act as the lead point of contact in a project management function and facilitate a team for clients incorporating all necessary third parties including data specialists, forensic specialists, asset tracers, PR and media advisors etc.

We understand the importance of speed of response. This is a rapid response offering. Another key factor is that we have very good relationships with key stakeholders. This is very useful in progressing matters efficiently and cost effectively.

Employer’s liability and public liability (EL/PL), medical negligence

Employer’s liability and public liability (EL/PL), medical negligence, casualty and catastrophic injury claims have undergone unparalleled change in the way they are litigated and managed. Our team understands the issues impacting on market Insurers and private clients who have to defend these claims.

We provide concise and practical advice which goes beyond claims and which includes protecting your reputation and your finances.

Our team works with a diverse range of Insurer and non-Insurance clients leaving us uniquely placed to maximise results. We are specialists in ADR and believe in early resolution where appropriate. We focus on delivering costs savings to our clients and on delivering a proactive and progressive approach.

Our experience allows us to cost-effectively resolve claims, from smaller-value fast track cases to complex and high value claims. We ensure that our defence team keep abreast of all developments and case updates. We positively impact our clients’ bottom line through the delivery of the highest quality service, best case outcomes, and genuine value for money and differentiated services.

Our services

  • Catastrophic injury
  • Personal injury
  • Medical negligence
  • Fraud
  • Defamation
  • Litigation
  • Fatalities and criminal prosecution
  • Employer’s liability
  • Public liability
  • Occupier’s liability

Insurance and reinsurance regulation

Ogier's Insurance and Reinsurance team advises insurers, reinsurers, intermediaries, distributors, investors and industry associations in respect of regulatory and compliance obligations. The insurance industry faces significant challenges and uncertainty due to market and regulatory pressures. We are familiar with these challenges and have significant experience guiding our clients through them.

We advise on passporting, authorisation, compliance and corporate governance including consumer protection laws, insurance issues in transactions, insurance agreements and transactions, drafting insurance policies, agency and distribution agreements and Brexit contingency.

In doing so, we draw on expertise across the firm where we have specialists with industry leading expertise in financial services regulatory law, insurance law, payments services regulation and data protection. Our practice is built on a culture of responsiveness, performance, innovation and cost certainty.

Our services

Our regulatory and compliance experience includes advising insurance clients on:

  • Product offerings
  • Insurance administration and outsourcing
  • The insurance regulatory framework in our respective jurisdictions
  • Insurance contracts including distribution agreements
  • Contract and policy wordings
  • Codes of practice and their application to insurance and customer contracts
  • Solvency requirements
  • Anti-money laundering
  • Enforcement actions
  • Risk management/governance
  • Data protection/privacy and management
  • Directors’ duties and restriction applications