has mediated the following insurance-related disputes:
Claim by householder against insured chimney sweep in respect of substantial fire damage resisted on the basis of causation.
• Claims in respect of cross-border data protection following failure of UK claims management company to return or destroy data to non-UK insurer, pending resolution of counterclaims for failure to honour commercial agreements.
• Claim by incapacitated insured under a private executive income protection plan policy, including issues as to degree and nature
of incapacity and quantum.
• Claim against loss adjusters for failure to accurately assess losses prior to a judgment obtained against the insured’s insurers.
• Lloyd’s Market dispute concerning managing agency syndicate charges under a Turnkey TPSMA.
• Dispute in respect of the marketing of insurance products
in the lettings industry.
Dispute between ATE insurers and personal injury claims company over contractual duties in writing pre-Jackson policies.
Claims for property damage and business interruption by commercial end-user against, respectively, dealer, distributor
and Italian manufacturer of trucks (and their respective insurers) following series of engine fires and product recall notices.
Claim by industrial producer of hydrogen peroxide for property damage and business interruption against insured contractor following allegedly negligent re-tubing works on a heat exchanger said to have resulted in the leak of a substantial volume of hydrogen peroxide.
Dispute between German insurer and UK insured for business interruption and property damage following suspicious fire.
Mediation in Jersey of an insurance claim in respect
of a substantial residential property destroyed by fire while redevelopment plans were pending.
Claim against an insurance company by an FSA-authorised administrator of policies sold by the insurance company in respect of breaches of an outsourcing agreement entered into while the defendant was awaiting FSA authorisation.
Multiple professional negligence claims between UK bank
and Irish insurer.
Various insured professional negligence claims.
Mediation involving the insurer of an IT supplier sued
for breach of contract in supply and installation of
Dispute over the sale and purchase of an insurance broking
Recovery dispute between legal costs insurers and solicitors.
Stuart has experience of litigating
and advising on domestic
and international insurance,
reinsurance and retrocession treaty disputes. He has
also acted on cases involving insured claims, working
alongside insurers in defending claims and for and against
insurers on coverage issues. Examples include:
Several disputes between IT suppliers and insurers over
policy wording and coverage issues.
Claims by Lloyd’s Name against syndicate for negligent
Dispute between parties to the Wellington Agreement
run-off of asbestosis claims.
Arbitration proceedings between Swiss reinsurance company
and Indonesian counterparty over terms of retrocession
Due diligence investigation of litigation issues prior
to acquisition of insurance company.