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Leigh-Ann Mulcahy QC

Insurance & Reinsurance

Listed as a Leading Silk for Insurance in Chambers & Partners 2014, Leigh-Ann is described by the directories in relation to this field as “excellent, thorough and a barrister with encyclopaedic knowledge of case-law” and “At the top of her field, she provides excellent advice.” Leigh-Ann’s combination of expertise in relation to insurance, financial services, professionals and public law has led to her advising and acting in a number of cases which straddle these fields (in both the litigation and arbitration contexts). She has considerable expertise in relation to the insurance of asbestos liabilities and issues that arise in relation to the insurance of financial services professionals (and in particular in relation to issues arising over proactive consumer redress).

  • International Energy Group Ltd v Zurich [2013] PIQR P10, an employers’ liability insurance case concerning asbestos/mesothelioma risks. Appeared on behalf of Zurich in an appeal to the Court of Appeal. Currently on appeal to Supreme Court. Raises novel issues arising out of the Fairchild line of developments in the law of tort and its impact on insurers and considers whether an insurer has any right of recoupment from a solvent employer in respect of uninsured periods of asbestos exposure;
  • Appeared on behalf of Zurich Insurance Company in the Employers Liability Insurance Trigger Litigation Durham v BAI & ors at trial [2009] 2 All ER 26, on appeal to the Court of Appeal [2010] EWCA Civ 1096 and on appeal to the Supreme Court [2012] UKSC 14.
  • Regularly advises both insurers and insureds on various issues arising in relation to the insurance of asbestos liabilities in the employers’ liability and public liability contexts, including aggregation, policy construction, contribution issues between insurers, insurer-insured and between group companies, the operation of the Financial Services Compensation Scheme etc.
  • Regularly advises insurers on various coverage issues, including issues over the construction of the Minimum Terms for solicitors’ and surveyors’ professional indemnity insurance, aggregation, notification and avoidance for fraud/dishonesty.
  • Acted on a claim by a multinational financial services company in relation to proposed claims against insurers and insurance brokers arising out of liabilities for pensions misselling.
  • Advised on indemnity and construction issues arising in relation to a mutual insurer.
  • Advised on product liability insurance coverage issues between primary and excess insurers in high value dispute.
  • Advised a regulatory body in relation to insurance issues potentially arising from a proposed form of regulatory action.
  • Expertise in section 51 applications for costs against insurers Cormack v Washbourne  [2000] Lloyd’s LR PN 459, CA and Gloucestershire Health Authority v Torpy [1999] Lloyd’s Reinsurance Law Reports 203 (excess layer).

Leigh-Ann chaired and was a speaker for Lexis-Nexis Insurance Law Webinars in 2011 and is a regular speaker on liability insurance issues.