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Caroline McColgan

Call 2010

Insurance & Reinsurance

Caroline has significant experience of insurance and reinsurance disputes.

Early on in her practice, she was instructed with Roger ter Haar QC 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.

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. Caroline is being led by Ben Quiney QC.

Caroline is also regularly instructed in insurance matters in her own right.

Selected Cases

  • 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. Caroline was led by Ben Quiney QC.
  • 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.
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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)

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