Mediation examples:

• a dispute between a high street chain store and an insurance company concerning the selling of, and commission structures relating to payment protection and other insurance policies;

• a dispute between a public body and an insurer concerning a failed claims handling project;

• a dispute arising out of a collective conditional fee agreement between solicitors and legal expenses underwriters;

• a dispute between an insurer and reinsurer arising out of the disputed settlement of claims;
  a dispute arising out of a Warranty and Indemnity insurance policy taken out by a private equity firm in connection with a major acquisition, with argument focusing on the proper calculation of loss and a detailed analysis of the value of the acquired business on a warranty true vs warranty false basis;

• a claim arising out of a failure of an acquirer of a business to claim on a Warranty and Indemnity Policy taken out as part of the acquisition, and the effect of that (i.e. whether a condition precedent or not) on a breach of warranty claim brought against the vendor involving a close examination of the true nature of the claims of the acquirer and Policy exceptions;

• a mediation in relation to disputed claims under a Supplier Failure Insurance Policy;

• a dispute between a large insurance intermediary in relation to a claims servicing agreement;

• a multi-party case involving the insured, brokers and insurers concerning avoidance of a policy for breach of conditions, breach of warranty, misrepresentation and non-disclosure;

• a group claim against a firm of solicitors following declinature of PI cover, the mediation focusing on alleged dishonesty and the application of the SRA's minimum terms and conditions, in particular, the dishonesty/fraud exclusions and also the aggregation of claims provisions;

• a cyber insurance coverage claim raising issues of interpretation of exclusions, coverage of subsidiary companies, the proper treatment of third party claims etc;

• a coverage dispute concerning a Structural Defects policy for a housing estate development, the issue giving rise to the dispute being the conditionality requirements for a final certificate of insurance being issued;

• a two-day mediation arising out of a technology dispute between a foreign public corporation and a major IT supplier in circumstances where their insurance coverage was in issue (with insurers being separately represented at the mediation), the mediation being preceded by meetings with the parties (individually) and several conference calls during the preceding few months;

• a dispute over a declinature by excess layer insurers over the scope (and construction) of notification (and whether covering claims subsequently arising), the mediation involving a discussion of various issues e.g. the Euro Pools decision (causal vs coincidental relationship between claim and notification, and construction of specific matters exclusions), and the arguably different approach taken later by primary insurers etc;

• a coverage dispute concerning a number of critical illness policies and the proper interpretation of various medical conditions given changing definitions/guidance from the ABI, WHO classifications and contested medical evidence, the case also involving an analysis of ICOBS;