Caroline McColgan

Insurance & Reinsurance

Caroline has substantial experience of insurance and reinsurance disputes.  She has acted for Insurers in a relation to a wide range of policies, and is developing a particular specialism in warranty and indemnity (“W&I”) insurance.

Caroline’s most prolific insurance cases include: the FCA Test Case litigation, and, this year, Finsbury Food Group PLC v Axis & Ors [2023] EWHC 1559 (Comm);and  Project Angel Bidco Ltd v Axis & Ors [2023] EWHC 2649 (Comm).  These latter were the first commercial court trials concerning policies of W&I insurance.

Other recent instructions include 2 Entertain Video Ltd & Ors v Sony DADC Europe Limited, an £8m claim for loss following the destruction of a Sony Warehouse in North London during the 2011 riots in which Caroline was led by Ben Quiney KC. In 2020/2021, she was led by Andrew Rigney KC in National Trust for Places of Historic Interest and Outstanding Natural Beauty v Cuffe PLC & Anor [2020], TCC, a subrogated recovery claim arising out of a devastating fire at a Grade-I listed mansion house where the damages claimed exceeded £115m. Early on in her practice, Caroline was instructed with Roger ter Haar KC to represent the Defendant in the major reinsurance case Amlin Corporate Member Ltd & Ors v Oriental Assurance Company [2013] EWHC 2380 (Comm). She acted as junior counsel at trial in the commercial court and on appeal to the Court of Appeal (see Amlin Corporate Member Ltd & Ors v Oriental Assurance Company [2014] EWCA Civ 1135.)

Selected Cases

• Advising on coverage issues (including Business Interruption) and generally in relation to the COVID-19 pandemic.
• Acting for a major UK reinsurance broker in a high value dispute over unpaid commission following a mid-term change of broker. The Claim settled shortly after Caroline prepared draft proceedings. Acting for a claimant policy holder in a £multi-million coverage dispute following a fire at a warehouse.
• Acting for insurers in one of the first direct claims under the Third Parties (Rights against Insurers) Act 2010
• Acting for claimant policy holders in a fire claim where insurers are attempting to defend proceedings for declaratory relief/damages on grounds of arson and other technical defences.
• Acting for the Defendant in a complex claim by an insurance broker against its principal (the insured) for an adjustment premium fee said to be due to an insurer. The matter raised difficult questions of agency and brokers’ duties. It was settled on very favourable terms.
• Advising an insured who had been declined cover on grounds of material non-disclosure.
• Advising on the effect of the Third Parties (Rights against Insurers) Act 1930 and whether it could be relied upon to require an insurer to meet a set of personal injury claims directly.
• Drafting a defence to a claim for declaratory relief (confirmation of cover) in a claim for consequential losses arising from storm damage;
• Advising in an insurance brokers’ dispute concerning the broker’s right to sue the insured for an alleged breach of the insurance contract.

News

• Crown Office Chambers shortlisted in 17 categories at The Legal 500 Bar Awards 2024
• Warranty and Indemnity Insurance: The Court of Appeal offers Guidance on the Interpretation of Policies and Exclusions

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Articles

• Defending W&I claims: strategic themes illustrated in Finsbury Foods v Axis & Ors
• 2 Entertain Video Ltd & Ors v Sony DADC Europe Ltd [2020] EWHC 972 (TCC) – TCC gives judgment in major insurance claim arising out of the 2011 London Riots

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Qualifications

• Major Scholar, Inner Temple (2009 – 2010)
• BVC, BPP Law School (Very Competent) (2009 – 2010) Exhibitioner, Inner Temple (2008 – 2009)
• GDL, BPP Law School (Distinction) (2008 – 2009) Demyship, Magdalen College, Oxford (2006 – 2008) BA (Hons) University of Oxford (2005 – 2008)

Memberships

• LCLCBA
• PNBA
• TECBA