David heads the contentious insurance and reinsurance group at Herbert Smith. He became a partner in 1989 and has considerable experience in both insurance and reinsurance matters often involving foreign jurisdictions.
He has worked extensively in the professional indemnity field and has defended claims brought against computer software companies, insurance brokers, surveyors, commercial and residential valuers, accountants, actuaries, investment managers, architects and engineers.
David has acted on a number of directors' and officers' problems and has a wide experience of claims (both insurance and reinsurance) involving property and products. He has advised on policy disputes involving all types of policy and disputes between insurers, reinsurers and retrocessionaires.
Credentials
- Winterthur Swiss Insurance Company on the approximate $1 billion baseball arbitration with XL relating to reserve seasoning following the disposal by Winterthur of its Winterthur International business to XL, and in relation to Commercial Court proceedings by XL for alleged breaches of warranty
- Royal & Sun Alliance Insurance in relation to its involvement both in England and the United States as insurer, reinsured and reinsurer of "Film Finance" business. In this connection he has had the conduct of litigation brought both in England and the United States including the successful reinsurance action (GE Reinsurance Corporation & Others v New Hampshire Insurance ("Destination Films"))
- the professional indemnity insurers of a firm of London Market reinsurance brokers in relation to numerous claims made against the brokers flowing from the dishonesty of a former reinsurance placing broker
- reinsurers in relation to issues flowing from the collapse of the HIH Group of companies
- an insurer in relation to coverage issues (including reinsurance issues) flowing from the so-called CCA claims in the United States
- an insurer in connection with insurance and reinsurance coverage issues arising out of alleged injury caused to individuals in the United States from the exposure to fumes generated by welding rods
- a multi-national insurance and reinsurance broker in connection with professional negligence claims brought against it
- insurers and reinsurers in relation to coverage issues arising from the Enron, Worldcom and Apartheid matters
- advising on various coverage issues flowing from the terrorist attacks in London in July 2005
Accolades
"a leading individual" "I'd use him on any case"
Chambers 2003-2004
"highly commercial and well versed in all insurance matters"
Chambers 2006