Directors & officers, financial institutions and crime
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.
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.
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.