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Leigh-Ann Mulcahy QC

Insurance & Reinsurance

Listed as a Leading Silk for Insurance in Chambers & Partners 2016, Leigh-Ann is described by the directories in relation to this field as "very hard-working indeed. She has a great reputation and it's fully deserved" (2016), excellent, thorough and a barrister with encyclopaedic knowledge of case-law” and “At the top of her field, she provides excellent advice” (2014). 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 Insurance Plc UK, an employers’ liability insurance case concerning asbestos/mesothelioma risks. Appeared on behalf of Zurich in an appeal to the Court of Appeal ([2013] PIQR P10) and appeal to the Supreme Court [2015] 2 WLR 1472. Leigh-Ann represented the successful appellant, Zurich. The case concerned whether an insurer has any right of contribution from another insurer and/or a right of recoupment from a solvent employer in respect of uninsured periods and created new law in this area.
  • The PIP Breast Implant Litigation insurance dispute (2014-15). Leigh-Ann represented RSA on an insurance coverage dispute with Spire Healthcare, a dispute which settled prior to trial. The case raised issues of what was “injury” for the purpose of product liability policies in the context of breast implants.
  • 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.
  • Acting on a Commercial Court claim by two financial services companies against their insurance broker arising out of liabilities for pensions mis-selling. Due for trial in January 2016.
  • 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 has chaired and been a speaker for Lexis-Nexis Insurance Law Webinars and is a regular speaker on liability insurance issues.