
08 May 2024Publication
Construction of W&I policy exclusion
No obvious drafting error in an exclusion clause in a W&I insurance policy; losses in relation to allegations made against the target company were excluded
We advise the world's leading insurers and their clients on all aspects of disputes – from professional indemnity claims, product liability, Directors and Officers cover and coverage disputes to claims or coverage issues under specialised policies, such as W&I and cyber insurance.
With expertise across an international network and a multi-disciplinary practice, we draw on a wealth of specialist knowledge and experience to manage complex and cross border disputes efficiently and effectively.
We work closely with our non-contentious colleagues, who advise insurers and insurers' counterparties on corporate transactions, regulatory and compliance issues (including Solvency II, SMCR and GDPR), structural and capital transactions and insurance-linked securities and derivatives.
We work hard to understand and support our client’s business objectives and they say this shows in both the quality of our work and the way in which we resource our team.
Our practice includes:
We advise on a wide range of risk, corporate governance, intellectual property and regulatory issues as well as contentious matters like managing complaints and claims, product recall, crisis management and litigation.
Although predominantly involved in product liability, including pre litigation planning and litigation management, we also advise our clients on matters relating to liability exposure, risk management and risk avoidance. This can include: analysing manufacturing processes, testing protocols and quality assurance programmes, drafting product warnings and instructions and reviewing publicity materials.
We can assist with both claims handling and the pre-litigation process, which can minimise the potential need for litigation in the future. We also have considerable experience in defending protracted and complex multi-party and cross-border product liability litigation, often involving the management of multiple claims in different jurisdictions.
Product liability problems often develop at speed and in public view, and we can very quickly form a multi-disciplinary team of internal and third party specialists to advise on all aspects of a product liability issue, including the regulatory, reputation and crisis management aspects.
The breadth of legal, technical and practical experience of the lawyers across the firm enables us to provide comprehensive and integrated legal advice and guidance tailored to each client's unique needs.
Our key areas of focus are:
• Pharmaceuticals and medical devices
• Consumer goods, food and beverages
• Commercial products, equipment and vehicles
• Toxic exposure
• Automotive products and component parts
We advise various pharmaceutical companies on product liability issues, including several successful judgments obtained between 2003 and 2008 in the context of an €80m dispute. We also have a history of advising a leading medical devices manufacturer (specifically ultrasound, dedicated magnetic resonance and software to manage the diagnostic process) on a product liability case in France. Finally we have advised a major pharmaceutical company with a worldwide product recall.
We advised a number of Japanese automobile manufacturers in relation to a broad range of product liability claims, including malfunctioning accelerator systems and the spontaneous deployment of airbags. We also have experience of defending and assisting the German supplier of reduction gearboxes for the underground railway in Toulouse within expert determination launched after the deterioration of components of the gearboxes during operation.
Advised a US company with regard to its liability for defective IT goods distributed in Germany through a commercial agent. We also acted as counsel for a company charged with preparing and/or selling toxic star anise (an alleged violation of the Food Act), resulting in epileptic seizures.
If you have any questions, contact a member of the Insurance Disputes team for assistance:

08 May 2024Publication
No obvious drafting error in an exclusion clause in a W&I insurance policy; losses in relation to allegations made against the target company were excluded
22 February 2024 Publication
We review the framework of sanctions against Russia and consider the implications for insurers.

19 December 2023 Publication
The proximate cause of a loss was the dropping of a bomb during WWII; an act "occasioned by war" and excluded from cover.
19 September 2023 Publication
W&I policies cover breach of SPA reps/warranties. Without breach or loss, e.g. if the sale would have happened at the same price anyway, there's no cover.
06 April 2023 Publication
The court considers aggregation and condonation for claims under a solicitors' professional indemnity insurance policy.