Dan Brooks

Dan Brooks is an experienced coverage lawyer and market practitioner with 10 + years post qualification experience in the London Market having trained at a specialist insurance firm on the defence side before working in-house at a market leading financial lines carrier handling a broad range of Professional Indemnity and D&O claims.

Dan joined Wynterhill from a Tier 1 (Legal 500) policyholder firm and has built a reputation for resolving complex coverage disputes across a broad spectrum of sectors and product lines, with a real focus on Professional Indemnity, Construction (CAR, EL, PL, Machinery and Plant) and Property and Business Interruption claims. Dan works closely with many of the UK’s Top 100 insurance brokers where contentious claims require advice or where the policyholder needs help assessing and drafting complex notifications.

He represents policyholders with uninsured defence work and has a growing professional negligence practice.

Acknowledgements

Noted as a “Next Generation Lawyer” in the Legal 500 (2019 and 2017) for policyholder work in the UK.

Cases

  • Acted for a global manufacturer defending allegations of misrepresentation and non-disclosure under a marine policy in respect of a seven-figure property claim.
  • Represented a civil engineering business in a disputed seven figure professional indemnity claim where policy liability was denied on the basis of breach of warranty.
  • Represented an ex-employee of a financial institution in a LIBOR-related claim under their former employer’s directors’ and officers’ liability policy.
  • Advised a cladding contractor in a disputed seven figure professional indemnity claim arising out of problems on a major residential housing project.
  • Advised a global distributor in relation to seven figure claims against its directors’ and officers’ liability insurer triggered by third party litigation.
  • Advised a roofing contractor in relation to a public liability claim made following a serious fire and allegations of breach of condition precedent.
  • Represented a haulage contractor in a claim against its fidelity insurers following an on-line fraud/cyber-attack.
  • Advised the owners of bio waste recycling facility in respect of disputed claims made under an environmental liability policy.
  • Represented a public body in respect of a fire claim under its commercial buildings policy following allegations that policy conditions were breached.
  • Acted for private individuals defending allegations of dishonesty and fraudulent device by their buildings and contents insurer.

Chris Dunlop

Chris Dunlop is an experienced insurance coverage and litigation lawyer.  Chris specialises in policy drafting and coverage disputes across a variety of areas including notification, aggregation and attachment.

Chris has advised and represented a broad range of policyholders across various professional disciplines, including in particular accountants and construction professionals.  In a construction context, Chris has advised employers, contractors and sub-contractors on both contentious and non-contentious matters, and has broad experience of various construction-related contracts and appointments.

Chris joined Wynterhill from a market leading insurance firm, having built a reputation litigating a number of high profile and reported insurance coverage and professional negligence disputes (including at both Court of Appeal and Supreme Court level).  Chris has also advised on international re/insurance programmes for various global professional service providers.

Cases

  • Acting for Engineers in large scale dispute relating to the construction of Wembley Stadium.
  • Addressing coverage issues arising out of multiple related exposures arising from the activities of Bernard Madoff against financial institutions and accountancy firms.
  • Teal Assurance v WR Berkley & Aspen [2013] UKSC 57 – Supreme Court (July 2013) – Successfully representing Excess Layer Reinsurers in the leading case on Excess Layer attachment issues.
  • WR Berkley & Aspen v Teal Assurance (No.2) [2017] EWCA Civ 25 – Court of Appeal (January 2017) – Further representing Excess Layer Reinsurers in a case concerning the ascertainment of liability for the purposes of an Excess Layer insurance programme.
  • Julie Davey v James Money (& Others) [2018] EWHC 766 (Ch) – High Court – Successfully acting for the Joint Administrators in the leading case on administrators’ duties, culminating in a six week High Court trial.
  • James Money (& Others) v ChapelGate [2019] EWHC 997 (Ch) and [2020] EWCA Civ 246 (Court of Appeal) – Successfully acting for Joint Administrators against litigation funders both at first instance and in the Court of Appeal in the funders’ challenge to the so-called “Arkin Cap”.
  • Drafting numerous PI and D&O Policies and advice relating to the structuring of global (re)insurance programmes.

Stuart Hill

Stuart Hill has been a solicitor for over 20 years and was a partner in Hogan Lovells between 2002 and 2015. Stuart has drafted and advised on disputes involving most forms of commercial insurance policies, with a particular focus on errors and omissions, directors’ and officers’ liability and crime cover, particularly for financial institutions. Stuart is a contributing author to “Company Directors – Duties, Liabilities and Remedies” (OUP, 2012)

 

Cases

  • Successfully applying for a receiver to take over conduct of certain High Court claims being brought by the Libyan Investment Authority (2015 EWHC 1925(QB));
  • Bringing Commercial Court proceedings on behalf of a Mexican insurer seeking the recovery from reinsurers of the losses arising out of Hurricane Juliette ([2011] Lloyd’s Rep IR 544)
  • Advising financial institutions on the insurance recovery aspects of regulatory reviews of the selling of personal pensions, FSAVCs and mortgage endowments;
  • Briefing and successfully arguing the English law aggregation issues arising in a New York life reinsurance arbitration concerning the tragic events of September 11, 2001.

Michael Howard

Michael Howard has acted on insurance coverage disputes for leading insurance firms for nearly 20 years where he has acted for both sides of the market.

He specialises in policy coverage disputes arising in a wide variety of areas including professional negligence, notification, aggregation, property and liability. He also advises on the drafting of policy wordings.

In addition to his legal experience, Michael has a strong insurance background gained from spending 12 years in the London and Hong Kong commercial insurance sector.

 

Jenny Hutchinson

Jenny Hutchinson specialises in insurance coverage advice and professional negligence claims related to solicitors, barristers, brokers, surveyors and loss assessors.

Jenny trained and qualified at a top London insurance and professional indemnity law firm. During this time she worked as a professional liability claims handler in the firm’s claims department; spent nine months on secondment at a leading international insurance company; was involved in a multi-million pound insurance coverage dispute relating to aggregation (Godiva Mortgages Limited –v- Travelers Insurance Company Limited and others [2012 EWHC 3615]) and defended multiple claims against a variety of professionals.

Jenny is a member of the Professional Negligence Lawyers Association.

Roger Jones

Roger Jones has been advising on coverage issues and insurance disputes for over 25 years.   He specialises in Employers’ Liability and Product & Public Liability, focussing on casualty, property damage and theft claims.  He is experienced in acting for clients on fraudulent claims, as well as on regulatory investigations and prosecutions by the HSE.

Prior to joining Wynterhill, Roger was a partner at Kennedys (a top tier insurance practice) for 22 years.  He is the author of the chapter on EL & PL policy coverage in ‘Kennedys: Claims Handling Law and Practice: A Practitioner’s Guide’ (2nd & 3rd editions) and contributing author to the joint Kennedys’ and Crawford’s publication ‘Fraud Investigation – A Claims Handler’s Guide’.

Cases

London Organising Committee of the Olympic And Paralympic Games (in Liquidation) v Sinfield [2018] – successfully acted for LOCOG in the leading decision on fundamental dishonesty.

Advising insurers on coverage issues regarding a €5m fire at a ski chalet in France.

Advising motor insurers concerning a company director’s suspected fraud under its commercial vehicles policy.

MacLennan v Hartford Europe Limited [2012] – Successfully defended Hartford in this stress at work claim brought by HR manager seeking damages of £1.25m for stress at work.

Dowson (and others) v Chief Constable of Northumbria Police [2010] – successfully acted for the Chief Constable in a 5-week High Court trial for alleged bullying/harassment of police officers.

Acted for the manufacturer/supplier of a book stitching machine following a fire in Dublin causing property damage and business interruption claimed at over €1m.

Successfully defended an aggregates mining company in a Crown Court prosecution brought by the HSE following an accident at work.

Westwood House Limited v Axima Building Services Limited [2001] – Successfully acted for Axima in its defence of a multi-million pound property damage claim.

Cécile Lonjarret

Cécile Lonjarret is an assistant coverage lawyer with a lot of valuable market experience: she started as a defence lawyer on the insurer side (professional indemnity claims against architects, accountants, solicitors, barristers and financial advisers and was seconded to a global insurer for a period) but in recent years  has been focused solely on policyholders and the insurance broker market.

Cécile joined Wynterhill from a top-ranked London insurance practice where, as a policyholder coverage lawyer, she worked with a number of experienced  Partners involved in complex disputes relating to professions, financial risks and construction. Cécile has a lot of procedural experience of litigation, arbitration  and mediation.
 

Dan Screene

Dan Screene has a wealth of experience in acting for policyholders and reinsurers in insurance and reinsurance disputes, many with a multi-jurisdictional aspect.

Dan was a solicitor in the Hogan Lovells insurance/reinsurance disputes team for 12 years leading a variety of the team’s highest profile contentious matters, including non-disclosure/misrepresentation claims, disputes involving financial institutions, insurance run-off disputes and coverage issues. Dan has represented international reinsurers, US asbestos trusts, Lloyd’s reinsurer syndicates and market bodies in the English Commercial Court, Court of Appeal and in numerous international arbitrations (in the UK, France, Germany and the US).

 

Acknowledgments

  • Dan has been recognized as a “rising star” by a number of the legal directories including Chambers UK and Chambers Global (2014, 2015, 2016 and 2017), Legal 500 (2015 and 2016) and by Super Lawyers London Magazine (2013, 2014, 2015).
  • ‘Rising star Dan Screene attracts significant acclaim for his insurance and reinsurance practice, which includes particular expertise in litigation relating to financial institutions, the run-off market and D&O claims’ – (Chambers 2014)
  • ‘Dan Screene works on the team’s largest cases. One source described him as “the hardest working man in the business and brighter than many barristers”‘ – (Chambers 2015)
  • Clients say that Dan “is very much appreciated,” as he is “very knowledgeable,” “gets answers very quickly” and “really thinks ahead.” – (Chambers 2017)

Cases

  • Advising leading Japanese reinsurer in its run off of a U.S.$500m aviation book of business, including arbitrations in France, Germany, UK and U.S.
  • Representing Federal Mogul Asbestos Trust in its £500m Commercial Court claim against leading international reinsurers relating to T&N’s historic asbestos liability and related Court of Appeal application regarding issues of standing for non-parties to a contract.
  • Representing leading German reinsurer in its Commercial Court claim for the avoidance of an energy construction reinsurance treaty on grounds of material non-disclosure.
  • Defending an expert witness against injunctive relief sought from the Commercial Court by a counter party in an arbitration ([2011] EWHC 2487 (Comm)).
  • Representing JSC BTA Bank its Commercial Court claims against former its management team (principally Mr Ablyazov) for fraud.
  • Defending the ILU in a Commercial Court Part 8 claim brought against a major broking house with the ILU as second defendant.
  • Representing Australian reinsurer in arbitration with London market motor syndicate.
  • Advising a number of Latin American policyholders on London market issues and disputes concerning alleged breach of claims control.

Steve Smart

Steve Smart is a consultant solicitor with Wynterhill and is an experienced insurance lawyer. He has spent over 35 years in the general insurance industry as a broker, underwriter and solicitor, so he understands the insurance market both commercially and legally.

Steve was General Counsel for the insurer AIG in the UK for ten years and has previously served on a number of legal and regulatory bodies, including the FSA’s General Counsel’s forum and the Bank of England’s Financial Markets Law Committee. He is currently the non-executive Chairman of Lancashire Insurance Company UK and regularly features on national and regional radio as an insurance claims expert, including LBC’s Money Hour and BBC Radio’s Sound Advice.

Ric Wightman

Ric Wightman trained with Simmons & Simmons and after qualifying as a solicitor in 2009, he spent ten years in the London insurance market, specialising in negligence claims against a broad range of professions including construction.

Ric joined Wynterhill from a leading global insurer where he managed the professional indemnity, cyber and title indemnity claims team in the UK, developing an intimate understanding of policy wordings, how insurance companies review notifications and take coverage decisions, and how they approach disputes with policyholders and their brokers.

Ric also has experience of other financial lines policies including directors’ and officers’ insurance.

Colin Wynter QC

Colin Wynter QC was a barrister at Devereux Chambers, and has over thirty years’ experience in insurance law. Colin has appeared in many leading cases over the past two decades. He was named 2013 “Insurance QC of the Year” by Chambers & Partners, and was runner-up in Business Week‘s “Lawyer of the Year” award for the same year. Colin has advised on, drafted and assisted in negotiating revisions to the policy wordings of a significant number of the UK’s leading and household name companies.

Acknowledgments

  • Regarded as a “leading authority” in the field of insurance and praised for his “remarkable” appearances before the Supreme Court
  • “He combines brilliant client service with innovative legal advice.” – Insurance, Chambers UK 2016
  • “Highly rated for both advisory and contentious insurance matters.” – Insurance and Reinsurance, Legal 500 2015
  • “He is very approachable and very bright, and has a work ethic that’s second to none. He is always going the extra mile for clients.” – Insurance, Chambers UK 2015

Cases

  • Aspen Insurance UK Ltd v Adana Construction Ltd [2015] Lloyd’s Rep IR 511, CA – proper construction of public liability and product liability wordings and their inter-relationship within a combined contractors’ liability policy;
  • Employers’ Liability Policy “Trigger” Litigation (Durham & Others v BAI & Others) [2012] UKSC 14;
  • Synergy v CGU & Ors [2011] Lloyd’s Rep IR 500; avoidance for non-disclosure, broker’s alleged negligence;
  • Brit Syndicate v Italaudit Spa [2008] UKHL; avoidance in relation to auditors of failed Italian conglomerate, Parmalat;
  • Aegis Electrical and Gas International Services Co Ltd v Continental Casualty Co [2007] EWHC 1762 (Comm); explosion at refinery; incorporation of insurer’s standard terms into insurance;
  • Rendall v Combined Insurance [2005] EWHC 678 Comm; avoidance in relation to fatalities suffered in World Trade Centre attacks;
  • Turner and Newall v. Royal Sun Alliance & Ors [2003] (Chancery & Court of Appeal) [2004] Lloyd’s Law Reports 336; insurance coverage for asbestos related injuries;
  • New Hampshire v. Oil Refineries Ltd [2003] Lloyd’s Rep IR, 386; avoidance; whether non-disclosure of 6th year of loss history in a five year loss history (a) material, and (b) induced underwriter.