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David Turner QC

Insurance & Reinsurance

David is regularly instructed in a wide range of insurance and reinsurance work, arising out of property, professional indemnity and product liability policies. He is the editor/author of the chapter on Professional Indemnity Insurance in the current edition of Jackson & Powell on Professional Liability. Cases in this area include:

  • Acting for excess layer underwriters in respect of claims by generic pharmaceutical manufacturers/distributors under various patent infringement liability policies
  • Acting for public & product liability insurers in a Commercial Court dispute arising out of damage to glass furnace refractories in Kentucky
  • Acting for public liability insurers in defending a coverage claim arising out of a substantial fire in an aerospace factory
  • Advising property insurers in respect of policy response following the explosion of a marine waste oil tank in an overseas port
  • Acting for property owners in Part 8 proceedings against a contractor’s liability insurers concerning the scope of the contractor’s obligation to provide collateral warranties and the interrelationship between that obligation and an exclusion in the contractor’s policy
  • Advising PI insurers as to the application of the Special Institute Condition in respect of a claim arising out of a substantial commercial mortgage fraud in which an employee of the insured had played a pivotal role
  • Advising a major RTA insurer in relation to its motor accident recovery model
  • Advising public liability insurers as to policy response in respect of nuisance claims relating to landfill gas
  • Acting for property insurers in successfully defending a substantial claim in respect of the destruction of a domestic dwelling on grounds that the fire had been started at the behest of one of the insureds and of breach of policy terms
  • Advising major EL insurers in relation to policy triggers for mesothelioma claims
  • Acting for Part 20 Claimant seeking contribution from Lloyd's in Commercial Court litigation arising out of failure to include exclusion within a quotation for Italian medical malpractice cover
  • Acting for fraudulent receivables insurers on a successful application for summary judgment in Commercial Court against Insured on limitation grounds, notwithstanding the Insured's arguments as to waiver and estoppel
  • Advising a firm of accountants on the scope of the FSA 86 exclusion in the ICAEW minimum wording
  • Acting for insurers in successfully defending claims with aggregate value of £5M brought under PA policies by Southampton Football Club and Blackburn Rovers Football Club following disablement of players
  • Advising professional indemnity insurers in relation to PA LMX Spiral claims
  • Acting for reinsurers in defending claims made by the reinsureds for non-payment under various reinsurance treaties
  • Advising in relation to a claim by German reinsurers against French reinsurance agents concerning business written through the London market under various binding authorities
  • Acting for public liability insurers in their successful defence of claims brought under the 1930 Act by former pupils of a special school at which they alleged they had been victims of sexual abuse
  • Advising professional indemnity insurers in respect of policy response where Insured brokers had placed “phantom cover” with underwriting agents
  • Advising professional indemnity insurers in relation to construction-related claims exceeding £100M made on underlying insurances in respect of a large number of separate projects
  • Defending a 1930 Act claim against the professional indemnity insurers of a firm of accountants on the grounds that the policy was voidable for fraudulent non-disclosure notwithstanding the innocent non-disclosure provisions
  • Advising professional indemnity insurers in relation to recovery from reinsurers which had purportedly avoided their reinsurance contracts
  • Acting for defendant property damage insurers in a £10-million claim arising out of fire damage, where the dispute centred on the incorporation of warranties/suspensive conditions
  • Acting for property damage insurers in a variety of claims where insurers avoided for pre-inception non-disclosure of adverse moral or physical hazard
  • Acting for all risks insurers of a Train Operating Company in resisting a claim arising out of the Sandy derailment, where the dispute centred on the incorporation of terms on renewal and whether the exception relied upon by Insurers was unenforceable on the grounds of repugnancy
  • Advising as to the definition of “damage” under a CAR project policy where work was delayed by inclement weather
  • Acting for Insurers in defending a variety of property claims on the grounds of fraud on the part of the Insured including but not limited to arson and the use of fraudulent means or devices to support a claim
  • Advising Insurers as to the extent of cover, definition of damage and operation of standard exclusions in respect of a claim under a Product Liability policy concerning faulty printed circuit boards incorporated into mobile phones.