This is the second episode in the second series of The Fountain Court Podcast. The episode is hosted by Leigh-Ann Mulcahy QC, a silk at Fountain Court, and is a recording of a virtual panel discussion hosted by Fountain Court in July 2021, on the topical issue of insurance aggregation.
Leigh-Ann Mulcahy QC was named ‘Insurance Silk of the Year’ by Chambers & Partners in 2016 and has expertise across many business lines, in both litigation and arbitration. She has considerable experience in relation to insurance claims for COVID-19 losses, including acting for the FCA in the Business Interruption Test Case, and increasingly advises on insurance disputes with an international element.
Joining Leigh-Ann in the discussion are:
- Ben Lynch QC of Fountain Court: Ben is described by the legal directories as “frighteningly astute” and appeared in AIG v Woodman, the leading case on aggregation in the solicitors’ indemnity insurance market. Ben is currently advising on aggregation issues in the business interruption insurance context and appeared for the Hiscox Action Group in the FCA Business Interruption Test Case as well as in Rockliffe Hall v Travelers, defeating the argument that COVID-19 amounts to Plague.
- Sonia Campbell of Mishcon de Reya: Sonia is Head of Insurance at Mishcon de Reya and specialises in policyholder insurance coverage disputes across range of lines and sectors and advises on reinsurance and captive issues. Sonia led the claim for the Hospitality Action Group in the FCA Business Interruption Test Case.
- Christine Williams of Travelers: Christine is a Barrister and Mediator and Chartered Insurer and is Managing General Counsel at Travelers. She was until recently the Chair of the British Insurance Law Association and was voted Insurance Lawyer of the Year, at the 2020 Women in Insurance Awards.
- Ingrid Hobbs of Kennedys: Ingrid is the Head of Kennedys’ Complex Casualty Coverage team and specialises in insurance and reinsurance disputes, across many classes of business and often with multi-jurisdictional elements. Her practice sees her acting for insurers and reinsurers.
During the session, the speakers discuss various issues relating to aggregation including why it continues to be a difficult subject, the construction and application of aggregation wording, issues specific to particularly business lines such as professional indemnity and business interruption, and aggregation in the context of claims relating to COVID-19. The panel also touched on reinsurance.
The speakers refer to a number of cases within the seminar and you can find details of those here.
We hope you enjoy the episode.