Andrew Rigney KC

Insurance & Reinsurance

Andrew has wide experience of CAR/EAR policies (including DE and LEG clauses), property risks, life and PHI cover, professional indemnity policies, PL and EL policies, product liability policies, including coverage disputes, fraud, nondisclosure, misrepresentation, moral hazard and co-insurance and Business Interruption. He acted for the successful party in the leading case on the effect of non-compliance with a notification clause in a liability policy which is not expressed to be a condition precedent.

Listed as a Leading Silk in Chambers UK (2023) and Legal 500 (2023)

Selected Cases

• Acting on behalf of Zurich in the FCA coronavirus test case (FCA v Arch et al), a landmark insurance claim to determine whether certain non-damage BI wordings provide cover in relation to the COVID-19 pandemic. The first instance judgment of Flaux LJ and Butcher J is at [2020] EWHC 2448 (Comm) and [2020] Lloyds Rep IR 527, and the judgment of the Supreme Court is at [2021] UKSC 1
• Advising on coverage in respect of property damage claims in respect of a major overseas loss arising out of a tunnel collapse amounting to $1 billion
• Advising on £several hundred million coverage dispute in relation to alleged defects in a series of residential buildings
• Acting in relation to a c £100 million claim under a project CAR policy in relation to defects in a flagship building in Europe, including issues as to the application and construction of DE/LEG clauses
• Advising in connection with a $70 million coverage dispute under a PI policy in relation to defects arising out of the design and construction of a major road project
• Acting for Insurers in relation to a c$50 million ICC arbitration concerning coverage under an EAR policy for the catastrophic failure of a gas turbine at a power station in the Indian sub-continent, including the application and construction of extended maintenance cover, and DE3/LEG2 clauses
• Acting in a $multimillion ICC reinsurance arbitration arising out of a construction project in the Middle East
• Acting in relation to coverage disputes (including as to the scope of LEG clauses) involving c$100m arising out of a major infrastructure project in the Middle East
• Acting in £multi-million coverage dispute concerning a landmark hotel in central London
• Acting in relation to a c £50 million coverage dispute (including as to the effect of LEG clauses) concerning defects at an energy from waste and CHP plant in Europe
• Acting in £multi-million domestic insurance arbitration arising out of the construction of a number of schools under a PFI project and relating to a claim under a CAR policy, which involved (amongst other things) consideration of the operation of DE clauses, the application of principles of waiver and estoppel, gradual deterioration and gradually operating causes exclusions and limitation
• Acting in relation to c£150 million notification dispute concerning alleged defects in a waste energy plant in Europe
• Acting in relation to £tens of millions and £hundreds of millions disputes concerning allegedly defective cladding and fire stopping in the wake of the Grenfell disaster
• Advising in relation to a c £50 million claim under a professional indemnity policy arising out of major infrastructure project
• Advising in relation to c £100 million claim under professional indemnity policy arising out of the construction of a major public facility
• Advising in connection with a c£50 million coverage dispute arising out of a major energy project
• Advising in relation to a £multi-million coverage dispute concerning the scope of a Products Liability policy in the context of a claim arising out of a £multi-million construction contract
• Acting £multimillion coverage dispute relating to damage/defects affecting major hotel development in the UK
• Advising on avoidance for non-disclosure and coverage in relation to £ tens of million coverage dispute relating to a major product recall
• Advising insurers on coverage issues relating to non-disclosure and misrepresentation, waiver and estoppel, in connection with a number of Employer’s Liability policies in relation to accidents on construction sites
• Acting in relation to c £ 50 million coverage dispute concerning a major UK retail and leisure development, involving (amongst other things) issues as to the proper construction and application of DE exclusions
• Advising insurers on the scope of a hot works warranty in the context of a £multi-million coverage dispute
• Advising insurers in relation to the scope and application of clauses in Public Liability policies excluding cover for liability arising in contract
• Advising on coverage issues arising out a £30m claim relating to the inter-relationship between indemnity and insurance clauses and co-insurance
• Acting for insurers in relation to a $multi-million LCIA international arbitration in relation to coverage issues arising out of hurricane and flood damage in the US. London seat and English law
• Acting for insurers in connection with coverage issues in relation to a £multi-million claim arising out of hurricane and flood damage in the Caribbean
• Advising on coverage issues in relation to $multi-million claims under property and liability policies in relation to the collapse of a major public building in the Far East, including as to the proper construction of clauses limiting liability for defects and damage similar to DE and LEG clauses.
• Advising on notification (and whether the provisions as to notification were conditions precedent) in relation to a £multi-million claim under a Professional Indemnity policy arising out of the construction of a pier
• Advising on coverage and avoidance (on the grounds of non-disclosure and misrepresentation) in relation to a £multi-million claim arising out of a major industrial fire in central England
• Acting on behalf of insurers in relation to a claim brought under a building guarantee policy – Bache v Zurich Insurance plc [2014] EWHC 2430 (TCC); [2014] Lloyd’s Rep IR 33
• Advising on co-insurance issues in relation to the Magna Park litigation arising out of the £150m fire at a warehouse at Magna Park distribution centre in central England
• Advising on coverage under a CAR policy in relation to a $multi-million claim for damage to a subsea cable
• Advising on coverage under CAR policy in relation to flood damage arising out of the construction of a hotel under a JCT Design and Build Contract
• Advising on coverage in respect of a £multi-million claim under a Public Liability policy arising out of the collapse of part of a stadium in continental Europe
• Advising on insurance issues (including the effect of indemnity and insurance provisions in the underlying construction contract and issues of co-insurance) in relation to £20m claim arising out of fire in central London
• Successfully resisting an application for a declaration that insurers were obliged to indemnify a lessee whose interest was noted on the policy – Eurocrest Ventures v Zurich Insurance [2012]
• Acting on behalf insurers in a TCC trial involving issues relating to causation and the approach to prejudice alleged to have been suffered by insurers as a result of late notification – Milton Keynes BC v Nulty, Wing Bat & NIG [2011] EWHC 2847 (TCC)

Awards

News

• Thanks to Richard Lynagh QC – New Joint Heads of Chambers
• Roger ter Haar QC, Andrew Rigney QC and Crispin Winser QC ranked in the Legal 500 EMEA 2021 Edition

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Events

• David Sears QC and Andrew Rigney QC join the Hogan Lovells Middle East Construction Forum panel

Qualifications

• 1986-1989 Christ’s College, Cambridge, MA, English Tripos
• 1989-1990 Japan Exchange and Teach (“JET”) Programme: British Government/Japanese Government programme teaching English near Tokyo
• 1990-1991 The City University, Diploma in Law (Distinction)
• 1991-1992 Gray’s Inn: Uthwatt Scholar, Mooting Award, United States Moots Tour (1993)

Memberships

• Commercial Bar Association
• Technology and Construction Bar Association (former Committee member)
• Society of Construction Law
• Society of Construction Law (Gulf)
• London Common Law and Commercial Bar Association
• Professional Negligence Bar Association
• LCIA