Insurance & Reinsurance
Clare’s practice includes a substantial insurance element both as a junior and on her own account.
In 2012, the Supreme Court handed down judgment in the Employers’ Liability Policy Trigger Litigation. This was the successful culmination of several years work during which Clare (led by Jeremy Stuart-Smith QC and Leigh-Ann Mulcahy QC) had represented Zurich Insurance Company at a 9 week trial in front of Burton J, a 3 week hearing before the Court of Appeal and a 2 week hearing in the Supreme Court. The case was concerned with the proper interpretation of employers’ liability policies which were written on an “injury sustained” or “disease contracted” basis and whether they would respond to mesothelioma claims at the time of inhalation or when the tumour developed. The Supreme Court found, by a majority, that such policies should respond at the date of inhalation.
With extensive experience in both professional liability and insurance matters, Clare is frequently instructed to advise in respect of non-disclosure, aggregation, successor practice and the interpretation of professional indemnity policies. Her instructions have ranged across a broad range of professions including solicitors, mortgage intermediaries, surveyors and debt recovery agents.
Clare has particular interest in, and experience of, dishonesty issues and has acted for both insurers and insureds in relation to such matters. In 2012 she was led by Justin Fenwick QC in a claim in which a professional indemnity insurer successfully alleged that an employee of their insured had acted fraudulently: Travelers Insurance Co Ltd & Denton Wilde Sapte v Advani  EWHC 623.
In addition, a large part of Clare’s practice involves acting for insurers in subrogated recovery actions involving, amongst other things, property damage caused by fires, floods and subsidence. She was instructed in over 10 cases arising out of the Buncefield litigation.
Clare is the editor of the “Members and Managing Agents at Lloyd’s” chapter in the 7th edition of Jackson & Powell.