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Neil Hext QC

Insurance & Reinsurance

Neil acts for both insurers and insureds dealing with the entire range of coverage issues.  He has experience that is both broad and in depth, encompassing issues of non-disclosure and misrepresentation, breach of warranty, application of conditions precedent, as well as aggregation, the Third Parties (Rights Against Insurers) Act and, in the field of professional indemnity, notification.  His experience includes public liability policies, material damage/business interruption, directors & officers insurance, construction/erection all risks, jewellers block policies and professional indemnity.  He regularly advises both insurers and insureds on policy response, including on questions of fraud, and has also advised insurers on changes to policy terms.

He has acted in a number of cases involving claims on financial advisers’ liability policies arising out of FCA mandated remediation schemes, dealing with both coverage and notification issues, and in particular the threshold for notification of circumstances.

He has significant experience in relation to the issues that commonly arise in relation to the solicitors’ minimum terms, including the meaning and effect of the aggregation clause, and its application to bulk retail practices.   

He is recognised in the Legal 500 and Chambers & Partners as a leading new silk in Insurance and Reinsurance, “a very effective advocate”, "he identifies the key issues and provides clear and business-focused advice" (Legal 500, 2015); "He is incredibly technically minded and ferociously bright, with an excellent eye for detail"  (Chambers & Partners, 2016).

His important cases in this field include:

  • Ocean Finance & Mortgages Ltd v. Oval Insurance Broking Ltd (2015) (acting for brokers in the context of an £4m claim arising out of alleged failure to make a block notification in respect of sale of PPI products)  
  • Acting for the Claimants in an arbitration brought under the Third Parties (Rights against Insurers) Act 1930 concerning the aggregation provisions of the solicitors’ minimum terms (2015)
  • Homeserve plc v. RSA (2014) (claim against insurers by financial services provider for costs of remediation exercise mandated by FCA)
  • Group litigation contesting professional indemnity insurers’ decision to aggregate claims arising out of solicitors’ failure to advise adequately on equity release product (2014)
  • Jones v. Environcom Ltd [2010] Lloyd’s Rep IR 190 (whether insurers seeking negative declaration in relation to cover can obtain security for costs against counterclaiming insured)
  • Dedames v. NFU Mutual [2009] EWHC 2805 (non-disclosure and affirmation)
  • Mopani Copper Mines plc v. Millennium Underwriting Ltd [2009] Lloyd’s Rep IR 158 (significance of deletions to construction of reinsurance slip)