Insurance & reinsurance

7KBW has “an undisputed reputation as the leading insurance and reinsurance set, with a breadth and depth of bench that is unmatched by its peers,” according to Chambers & Partners (UK Bar 2024).

Members have extensive experience of both arbitration and litigation, in all major jurisdictions and significant arbitral centres. We routinely appear in the most significant cases. Our work spans long-running, complex trials, including appeals with industry significance, and advisory work, from coverage advice to advice on policy wordings.

Members act for all market participants, including policyholders, insurers, reinsureds and reinsurers, in both the Lloyds’ and companies’ markets, and worldwide. We also act for, and against, insurance brokers, agents, and their advisers.

Typical matters include:

• Avoidance disputes
• Coverage disputes
• Notification of claims
• Aggregation
• Negligence (both brokers’, advisers’ and Lloyd’s managing and member’s agents)
• Proper law and jurisdiction disputes
• Fraudulent claims
• Third party claims
• Subrogated claims
• Assessment and quantum

Types of insurance in which members have particular expertise include:

• Aviation
• Bankers’ blanket bond
• Bermuda Form
• Business interruption
• Cancellation
• Comprehensive crime
• Contractors’ all risk
• Cyber risks
• D&O
• Employers’ liability
• Energy
• Financial loss
• Hedge fund indemnity
• Investment risk
• Marine
• Political risk
• Private equity indemnity
• Professional indemnity
• Property
• Public and products liability
• Terrorism
• Trade credit and trade disruption
• War risks

Reinsurance expertise includes all types of facultative and treaty, proportional and excess of loss re-insurance.

Members are familiar with the Insurance Act 2015 and its application.

Members have acted in many significant disputes. These include disputes arising out of major events such as coronavirus pandemic (including the FCA business interruption test-case litigation), the collapse of Lehman Brothers and the global financial crisis, the 9/11 terrorist attacks and numerous catastrophic natural and environmental disasters. They also include claims arising from industry-wide developments such as warehouse frauds and data protection breaches.

Examples of recent leading cases in which members of 7KW have appeared include:

• Financial Conduct Authority v. Arch Insurance (UK) Ltd [2021] UKSC 1 [2020] EWHC 2448 (Comm)
• Enka v Chubb [2020] 1 W.L.R. 4117 (S.C.)
• The “Atlantik Confidence” [2020] UKSC 11
• The “Brillante Virtuoso” [2019] EWHC 2599 (Comm)
• The “B Atlantic” [2018] UKSC 26
• Equitas v MMI [2018] EWCA Civ 991
• AIG Europe Limited v Woodman [2017] UKSC 18
• The “Ocean Victory” [2017] UKSC 35
• The “Galatea” [2015] EWHC 2225 (Comm)
• Rathbone v Novae [2014] EWCA Civ 1464
• WR Berkley Insurance Europe v Teal Assurance [2013] UKSC 57
• Ace European Group v Standard Life Assurance [2013] Lloyd’s Rep. IR 415
• Equitas Ltd v R&Q Reinsurance Co. (UK) Ltd [2010] Lloyd’s Rep IR 600