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Ben Patten QC

Insurance & Reinsurance

Ben is frequently involved in insurance disputes, both in the Commercial and Mercantile Courts and in arbitrations. Many of these disputes arise out of other areas of his practice and in particular he is experienced in disputes concerning Contractors All Risks policies and Professional Indemnity policies.

Recent and current cases include:

  • A claim by an employer contemplating proceedings under the Third Party (Rights Against Insurers) Act, for information concerning the contents and claims record of a contractor’s policy of insurance.
  • An action by insurers against former assureds seeking declarations that the policy was avoided on grounds of fraud.
  • A dispute between insurers as to which policy responded to a loss where the assured had claimed against both.
  • A dispute between the designer of specialist TV and Film set staging and its public liability insurer on liability for claims by third parties arising out of the collapse of one of its structures.
  • A dispute between a construction contractor and its CAR insurer concerning whether losses arising from claims made by the employees of a sub-contractor were covered by the policy.
  • Acting for the insurer of a financial services provider in respect of a policy dispute.
  • Acting for the insurer of engineers under a professional indemnity policy concerning coverage issues.
  • Acting for consulting engineers on policy issues arising out of allegedly defective design in respect of two water treatment plants.
  • Acting for professional indemnity insurers in respect of coverage disputes concerning allegedly fraudulent solicitors.
  • Acting for CAR insurers in relation to coverage issues arising out of notification and “one claim” disputes.