Insurance

"Fountain court is a leading set for insurance and reinsurance work, with a number of practitioners who practice at the highest level."


The Legal 500

Insurance is a core area for Fountain Court.

Our expertise ranges from disputes arising out of catastrophic events or supply chain breakdowns, to claims resulting from alleged negligence or product defects. We act for insurers and policyholders and are regularly instructed by brokers and managing general agents. Our work includes both litigation and arbitration.

We regularly act on coverage disputes, including regarding termination and construction of policies, across all lines. We also advise on disputes regarding third party liabilities and in the pursuit of subrogated recoveries. Members also have experience in disputes between insurers including regarding reinsurance and contractual arrangements, including binders.

We work across lines including business interruption, directors’ and officers’ liability, general liability, property damage (including catastrophic claims), professional indemnity, construction and specialty lines including aviation, marine and energy, cyber, political risk, trade credit and fine art. We also have extensive experience of disputes surrounding Bermuda Form wordings.

In recent times, our members’ expertise has been called upon in relation to claims resulting from the COVID-19 pandemic, including in the most significant insurance case in recent history, the FCA Test Case on the validity of business interruption claims, both in the High Court and the leapfrog appeal to the Supreme Court.

The cases on which we are instructed are often international in nature and have involved the likes of Africa, North America, Ireland, Australia, Latin America and Russia.

In addition, our members have written many of the leading textbooks in the insurance field.

Our work includes cases relating to:

  • Coverage disputes, including matters involving issues around termination of cover and construction of policies
  • Claims regarding third party liabilities, representing insurers or the insured party
  • The pursuit of subrogated recoveries
  • Reinsurance disputes between providers
  • Contractual disputes including between capacity providers and agents
  • Regulatory disputes
  • Fraud claims

  • FCA v Arch & Others (the ‘FCA Business Interruption Test Case’): Acting in the high-profile proceedings, including at both the High Court and ‘leapfrog’ Supreme Court hearings, concerning whether certain business interruption insurance policies respond to the COVID-19 pandemic. This was the most significant insurance dispute in recent decades, affecting around 370,000 policyholders. Nine Fountain Court members were involved, acting for various parties including the FCA, the Hiscox Action Group and QBE.
  • Travelers Insurance Company Ltd v XYZ: Acting for the successful insurers in the Supreme Court, in a precedent-setting case which is now the leading authority on section 51 cost orders against insurers, arising from the PIP breast implant litigation.
  • Beety & Others IMUK UK v NMC: Acting for the Nursing and Midwifery Council (NMC) in relation to a dispute regarding the appropriateness of insurance policies issued to midwives, including in relation to Solvency II capital requirements. This was a case of national significance as, if the policy was deemed inappropriate, several hundred midwives would be unsuitable for registration with the NMC.
  • David Cuckow v AXA: Acting for AXA in the first trial to be heard in relation to c.1800 county court claims in which third party claimants sought indemnity from the insurer under the public liability section of a policy issued to its insolvency insured company arising out of its alleged negligence installation of cavity wall insulation.
  • Halliburton Company v Chubb Bermuda Insurance Limited: Acting for Chubb in the high-profile Supreme Court case on apparent bias and obligations of disclosure and confidentiality in international arbitration.
  • AIG Europe Limited v OC320301 LLP: Acting for successful insurers in the Supreme Court, in the leading case on aggregation of claims in solicitors’ professional indemnity insurance.
  • Reinsurance dispute regarding ‘cut through’ clauses: Acting for an insured bringing a direct claim through a ‘cut through clause’ against a reinsurer in circumstances arising out of a plane crash in Pakistan. The claim is potentially precedent setting in a largely untested area.
  • Madoff fraud: Acting for BNP Paribas in relation to coverage issues arising from the Madoff fraud and the US proceedings brought by the Liquidator of the Madoff corporate vehicles and Madoff’s Trustee in Bankruptcy.
Show all cases

Insurance Barristers

David Railton QC

David Railton QC

Call 1979 | Silk 1996

Timothy Dutton QC

Timothy Dutton CBE QC

Call 1979 | Silk 1998

Stephen Moriarty QC

Stephen Moriarty QC

Call 1986 | Silk 1999

Michael McLaren QC

Michael McLaren QC

Call 1981 | Silk 2002

Raymond Cox QC

Raymond Cox QC

Call 1982 | Silk 2002

Bankim Thanki QC

Bankim Thanki QC

Call 1988 | Silk 2003

Patricia Robertson QC

Patricia Robertson QC

Call 1988 | Silk 2006

Timothy Howe QC

Timothy Howe QC

Call 1987 | Silk 2008

Mark Simpson QC

Mark Simpson QC

Call 1992 | Silk 2008

Richard Handyside QC

Richard Handyside QC

Call 1993 | Silk 2009

Leigh-Ann Mulcahy QC

Leigh-Ann Mulcahy QC

Call 1993 | Silk 2009

Jeffrey Chapman QC

Jeffrey Chapman QC

Call 1989 | Silk 2010

Derrick Dale QC

Derrick Dale QC

Call 1990 | Silk 2010

Akhil Shah QC

Akhil Shah QC

Call 1990 | Silk 2010

Andrew Mitchell QC

Andrew Mitchell QC

Call 1992 | Silk 2011

Richard Coleman QC

Richard Coleman QC

Call 1994 | Silk 2012

Anneliese Day QC

Anneliese Day QC

Call 1996 | Silk 2012

John Taylor QC

John Taylor QC

Call 1993 | Silk 2013

Adam Tolley QC

Adam Tolley QC

Call 1994 | Silk 2014

Patrick Goodall QC

Patrick Goodall QC

Call 1998 | Silk 2014

Adam Zellick QC

Adam Zellick QC

Call 2000 | Silk 2017

Paul Sinclair QC

Paul Sinclair QC

Call 1997 | Silk 2018

James Cutress QC

James Cutress QC

Call 2000 | Silk 2018

Giles Wheeler QC

Giles Wheeler QC

Call 1998 | Silk 2020

Ben Lynch QC

Ben Lynch QC

Call 2001 | Silk 2020

Chloe Carpenter QC

Chloe Carpenter QC

Call 2001 | Silk 2020

Tamara Oppenheimer QC

Tamara Oppenheimer QC

Call 2002 | Silk 2020

Laura John QC

Laura John QC

Call 2001 | Silk 2021

Deepak Nambisan

Call 1998

Nik Yeo

Call 2000

David Murray

David Murray

Call 2004

Simon Atrill

Simon Atrill

Call 2005

James Duffy

James Duffy

Call 2005

Alex Barden

Alex Barden

Call 2005

Adam Sher

Adam Sher

Call 2007

Richard Power

Call 2007

Natasha Bennett

Natasha Bennett

Call 2009

Nico Leslie

Nico Leslie

Call 2010

Deborah Horowitz

Deborah Horowitz

Call 2010

Philip Ahlquist

Philip Ahlquist

Call 2012

Niamh Cleary

Niamh Cleary

Call 2012

Giles Robertson

Giles Robertson

Call 2012

Samuel Ritchie

Samuel Ritchie

Call 2012

Leonora Sagan

Leonora Sagan

Call 2012

Simon Paul

Simon Paul

Call 2013

Max Evans

Max Evans

Call 2015

Max Kasriel

Max Kasriel

Call 2015

Ian Bergson

Ian Bergson

Call 2015

Jacob Turner

Jacob Turner

Call 2016

Laurentia de Bruyn

Laurentia de Bruyn

Call 2018

Nathalie Koh

Nathalie Koh

Call 2019

Marcus Field

Marcus Field

Call 2019

Orestis Sherman

Orestis Sherman

Call 2019

Joseph Leech

Joseph Leech

Call 2020

Francesca Ruddy

Francesca Ruddy

Call 2020

Daniel Schwennicke

Daniel Schwennicke

Call 2020

Hannah Bernstein

Hannah Bernstein

Call 2020

Sebastian Said

Sebastian Said

Call 2004

Gordon Langley

Sir Gordon Langley

Call 1966 | Silk 1983

Michael Brindle QC

Michael Brindle QC

Call 1975 | Silk 1992

Philip Brook Smith QC

Philip Brook Smith QC

Call 1982 | Silk 2002

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Contact our clerks

For more information on our experience or to discuss a particular case, please contact us.

Call:    +44 (0)207 583 3335
Email: clerks@fountaincourt.co.uk

"Bermuda Form insurance coverage disputes, product and public liability insurance, professional indemnity, run-off policies, property catastrophe insurance disputes and political risks cover are also key areas of expertise."


The Legal 500

"Members are regularly instructed in high-value disputes including insurance coverage and liability work."


The Legal 500

"The set is 'superb at all levels, from the leading QCs through to the junior ranks and including the clerks'; and it is 'rightly regarded as one of the leading sets for commercial disputes (including insurance disputes)'."


The Legal 500

"The set's leading position in commercial dispute resolution attracts a multitude of insurance instructions centred in the banking and financial services fields, while members also demonstrate expertise handling claims arising out of the construction, property and product liability areas."


Chambers & Partners

"The set offers further capabilities advising on technical coverage and jurisdictional issues concerning a wide range of policies."


Chambers & Partners

"Fountain Court Chambers fields considerable commercial dispute expertise and its members are frequently sought out to handle a raft of insurance mandates for clients across the banking and financial services and construction industries."


Chambers & Partners

"There are some very strong insurance barristers in the set."


The Legal 500

"Held in high regard for its representation of all parties in an array of insurance and reinsurance disputes. One solicitor reports: 'If we have a particularly difficult or high-value matter, we go to Fountain Court'."


Chambers & Partners

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