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)

Stuart has been recognised as “experienced” in insurance matters in the last two editions of The Legal 500

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.

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.

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).

In addition to working on insurance and reinsurance disputes, Dan has extensive experience of general commercial litigation including acting for JSC BTA Bank in two of its claims against the bank’s former management team for fraud in the English Commercial Court. His experience involves dealing with complex multi-jurisdictional issues with a value in excess of U.S.$1bn.

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.

Dan Brooks

Dan Brooks is an experienced coverage lawyer and market practitioner having worked for all sides of the insurance market, including primary and excess layer insurers, insurance brokers, and as a defence solicitor. In recent years, he has only acted for policyholders or worked with insurance brokers.

Dan joined Wynterhill from a top-ranked London insurance practice, where he built a reputation for resolving complex coverage disputes across a broad spectrum of sectors and product lines, including professions, financial risks, construction and property. As a result of that work, he was noted as a “Next Generation Lawyer” in the Legal 500 (2017).

He regularly acts on disputes that require arbitration or litigation. Understanding the pros and cons of each process through experience, as well understanding how insurers think and act, allows Dan to prepare strategies which give his clients the best chance of winning or negotiating a favourable compromise.

Acknowledgements

Dan was noted as a “Next Generation Lawyer” in the Legal 500 (2017) which stated that he ‘strives to achieve the best result for clients, based on a real understanding of the underlying insurance issues and the needs of the client’.

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.

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.

At Wynterhill Steve focuses on helping consumer and small business policyholders get disputed insurance claims paid if they require arbitration or litigation.

Jenny Hutchinson

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

Jenny trained and qualified at a top London insurance 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; and 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]).

Since qualification in 2009 she has been involved in a wide range of litigated disputes against various professionals and has experience of arbitration and mediation. Jenny is now using her experience as a defence solicitor for insurers to provide advice to policyholders, insurance brokers and loss assessors in respect of wide range of insurance disputes including: the professions, property and construction.