Directors & officers, financial institutions and crime

We monitor and act in the defence of all aspects of D&O, FIPI and Crime claims employing a flexible and intuitive approach.

Directors & officers, financial institutions and crime

D&O

We are instructed by Directors, Officers, Trustees, Companies and their Insurers across the financial, commercial and non-profit sectors in the defence of claims relating to all aspects of D&O exposures including derivative actions, third party and insolvency related claims, regulatory actions, including for director disqualification, from the FCA, ICO, FRC, Environment Agency, HSE, Charity Commission and outside director liability issues and Investigation extension cover.

Many of instructions received involve advising insurers on the extent of policy coverage (including in relation to usual policy enhancements including Corporate Liability, Employment Practices Liability, Pension Trustee Liability and Crime) and then either defending the claims in the UK or operating as monitoring counsel in foreign jurisdictions such as the USA, Channel Islands, Australia, the Netherlands and Belgium.

We are also conscious of the potential for conflicts between various Insureds and the demands on Insured management time that such claims bring and the reputational aspects for the individuals and their company.

Financial Institutions

We advise on a wide range of FI related issues for various Insureds ranging from the smaller wealth management groups, IFAs, through middle ranking private equity groups, Fund and Hedge fund entities on and off-shore, stockbrokers, prime and sub-prime lending institutions, right up to the largest and well known financial institutions. We also have extensive experience of dealing with the Financial Ombudsman Service and The Pensions Regulator.

Crime

We advise on various commercial and financial institution crime losses (UK and international) including first and third party frauds, lending frauds, trading frauds and various methods of payment process frauds.

We advise Insurers on coverage issues across all these practice areas. We are very experienced in dealing with complex insurance issues such as unfair presentation, attribution of knowledge, notification of circumstances and allocation of claims between insurers and reinsurers, double insurance, unfair personal profit, effect of criminal acts and dishonesty and Third Parties (Rights Against Insurers) Act issues.

Our Directors & officers, financial institutions and crime Experience

£10 million claim against statutory officers

Acting in a £10 million claim against statutory officers and key company employees arising out of a large-scale construction project which forced the company into administration.

£300 million claim arising from energy projects

Acting in a £300 million claim by a company against their former Directors arising from substantial losses allegedly suffered two large cutting-edge energy plant projects.

Shareholder derivative suit under the Companies Act 2006

Concerning pre-pack insolvency, the Phoenix like successor company and directors duties. A rare example of a shareholder derivative suit in the UK which passed the Court approval stage under the relatively new Companies Act provisions.

Coverage dispute relating to a stockbroker seeking cover for a crime and PI loss

Dealing with a coverage dispute arising out of a blended policy relating to a stockbroker seeking cover for a crime and PI loss in connection with the purchase and onward sale of financial warrants and an internal fraud.

Advising insurers on coverage in relation to the alleged failure of auditors

Providing coverage advice to insurers in relation to the alleged failure of auditors to properly investigate the directors of an unrated Caribbean insurance company using US$1.2 billion of fraudulent gold reserve notes to support the balance sheet.

Coverage on a first party crime loss

Acting for Insurers in respect of coverage on a first party crime loss involving the theft over many years of substantial IT specialist equipment.

FCA Investigation

Advising Insurers and their Insured in respect of a FCA Investigation and related Enforcement proceedings with a FCA directed compensation scheme relating to widespread mis-selling of insurance over numerous years to many numerous consumers.

FCA's investigation and related S.166 FSMA 2000 skilled persons review appointment skilled persons review appointment

Assisting Insurers and their Insured through the FCA’s investigation and related S.166 FSMA 2000 skilled persons review appointment in respect of the Insured’s financial activities.

Advising London Market D&O insurers on a claim against the directors of a trust

Advising London Market D&O insurers on a claim against the directors of a Jersey trust facing claims of wrongful trading and breach of fiduciary duty following the disappearance of €5 million from the fund.

Defending senior directors against criminal allegations

Defending senior directors against criminal allegations of consent and connivance under section 37 of the Health & Safety at Work Act and section 157 of the Environmental Protection Act following HSE and EA regulation investigations and prosecutions.

Defending numerous claims against trustees

Defending numerous claims against trustees involving allegations of personal liability for breaches of fiduciary and statutory duty, financial malpractice and harassment. Cases have included concurrent Charity Commission investigations and High Court injunctions.

Defending claims against a building developer

Defending claims against a building developer brought by two former directors alleging breach of fiduciary duty in relation to a profit-share agreement.

Advising the PI insurers of a surgeon on coverage

Advising the professional indemnity insurers of a surgeon on coverage and allocation of claims in a £37 million settlement fund for over 750 claimants.

Advising on coverage in relation to claims potentially totalling c.$200 million

Advising as to whether the policy responds to a claim pleaded in excess of £60 million brought against an Outside Entity Director in Scotland and whether the cover extends to a separate claim pleaded at more than $161 million in the Texas Courts.

Advising insurers on issues of double insurance

Advising Insurers on issues of double insurance and potential contributions from other Insurers arising out of double insurance for civil claims brought in the USA and criminal complaints lodged in the Moroccan Courts.

Advising on policy response for alleged breaches of fiduciary duties

Advising on whether the policy responds for a director alleged to have breached various fiduciary duties when negotiating his redundancy from a charity.