Globalisation and increased connectivity of insureds has seen policy wordings evolve and triggered by incidents and events occurring outside of the insured's own jurisdictional boundaries.
Global policy programmes combining master and local policy wordings mean the coverage scenarios presented to insurers have international dimensions making them increasingly complex.
Global Access firms are well versed in handling international and cross border coverage issues and together, provide insurers with access to the best local expertise in the jurisdictions covered. Beyond that, the firms have a strong network of law firms across the globe from which to pick the right lawyer for the job. Across all classes of insurance and reinsurance business Global Access coverage lawyers are expert in navigating clients through to resolution of complex coverage disputes via arbitration, litigation, mediation and a variety other alternative dispute resolution mechanisms. Where governing law and jurisdiction clauses require local law expertise, clients know that Global Access Lawyers provides them with the best local advice available.
Working together
Warehouse fire
KVDL alongside RPC advised an international insurer in a coverage dispute with its insured, a large international real asset investment management firm, in relation to a major cross-border property loss. Following a fire in a warehouse, the insured received claims from several parties with a total value of approximately EUR 50 million. We advised, inter alia, on limitation and whether the owner’s association in which the insured participated could be regarded as an insured under the policy.
Contractors PI dispute
Colin Biggers & Paisley and RPC advised the lead insurers in relation to claims and notifications made under a contractor's professional indemnity policy issued to a major international contractor. This included a several hundred million pound claim over alleged defects at a UK hospital, as well as many UK PFI projects where the client's insured was the lead D&C contractor. Colin Biggers & Paisley advised on coverage issues including the interaction of different policies (in different jurisdictions) within a global insurance program, and RPC advised on UK cases.
Cross-border disputes
RPC and Hinshaw worked together on an US$80m+ loss, subject to litigation in the Cayman Islands and New York. They were successful in dismissing a large part of the Plaintiff ’s claim in the New York courts, avoiding allegations of fraud and the prospect of punitive damages in the process, thereby forcing the Plaintiffs to nominal value settlement.
The client benefited from the close relationship between RPC and Hinshaw in presenting a united strategy across multiple jurisdictions.
Multi jurisdictional coverage advice
HMN & Partners appointed RPC's Singapore team to act as coverage counsel for the insurers of a PI insurance program. The insured, who issued insurance policies in relation to an investment-linked assurance scheme in Hong Kong, was facing claims in this jurisdiction, initiated by individual investors and had commenced a mediation with some of them. RPC attended the mediation sessions together with the insured’s counsel and provided legal input in the attempts of negotiations with the claimants. HMN & Partners addressed the coverage aspects of the matter and the communication with the insurers of the program.
Music festival coverage dispute
Colin Biggers & Paisley and RPC acted on coverage for the insurers of a music festival that sought to emulate Burning Man that was cancelled due to flooding.
France / UK Coverage advice
HMN & Partners was mandated by the insurers of a French company, some of whose directors had seen their liability engaged in more than 6 countries around the world, including the UK. As the insurance policy was subject to French law, HMN & Partners' mission was to study the coverage, to monitor the various proceedings, to collect requests for reimbursement of legal costs issued by the insured and to check whether these requests fell within the scope of the policy. For this mission, HMN & Partners entrusted RPC with monitoring the legal costs incurred for the procedures initiated in the UK.
Explore Global Access
1. Insurance Specialists
Each member firm is recognised for having an established, independent insurance practice. This means Global Access Lawyers provides the insurance market with access to offices with the strength, depth and breadth that many satellite offices cannot rival. So, as well as being specialists, Global Access offices can support the insurance market with the smallest to the largest or the simplest to the most complex of challenges (across multiple lines of business).
Clients know they are working with Global Access Lawyers not just because of where they are but because of what they are – market leading insurance specialists with a shared view on the importance of client service and finding smart insurance law solutions to help their clients.
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2. Collaboration
The ability to create client value through personal relationships is synonymous with the insurance market. Global Access Lawyers started as a friendship between firms and has grown into genuine collaboration, sharing thoughts, ideas and perspectives out of a shared commitment to support the insurance market and the people within it.
Whether it is insight, market intelligence, relationship management, introducing like-minded member firms in other countries or working together on cross border disputes, Global Access Lawyers uses the advantages of collaboration to find new and better ways of delivering smart insurance law solutions across the globe.
3. Client Focused
Global Access firms share two very important values:
- The desire to make clients look good; and
- The need to make clients' lives easier.
Everything else flows from there.
4. Leading The Debate
Independent thinking, collective expression
Global Access Lawyers supports the insurance industry by leveraging the collective capability of member firms, to deliver cutting edge insight and training on global insurance law issues of the day.
