Insurance & Reinsurance
Daniel is an insurance and reinsurance specialist. He regularly acts for and advises insured’s, insurers and reinsurers in respect of the operation and effect of insurance and reinsurance policies. Daniel acts for insurance brokers and other insurance intermediaries in defending professional negligence claims. Clients appreciate his clear advice. The quality of his insurance practice is recognised by the directories and winning Insurance Junior of the Year at the Chambers & Partners Bar Awards 2016.
Daniel acts in litigation involving all non-marine and many marine policies, many involving programmes of insurance. He has particular expertise in insurance matters related to his other areas of practice: professional indemnity (PI); CAR; property damage; public, products and employers’ liability; business interruption (BI); building warranty; directors & officers (D&O); and cyber policies. He is often instructed in developing areas or where policy language is evolving such as cyber risks. He is instructed is the most complex and contentious claims such as business interruption claims arising from the gilets jaunes protests in Paris.
In addition to his work as an advocate, Daniel is instructed in foreign proceedings as an expert witness to English insurance law. He is also jointly instructed by insurers and insureds to provide binding opinions or early neutral evaluations to determine issues between parties efficiently and accurately.
Selected Cases
- Confidential arbitration concerning a CAR and property damage policy – Daniel acted for the insurer in arbitration concerning issues of pure economic loss and complex structure theory.
- Dalamd v Butterworth Spengler [2018] EWHC 2558 (Comm) – Daniel defended Butterworth Spengler against a claim for insurance broking negligence arising out of property damage, business interruption and CAR policies. Daniel led Mek Mesfin.
- Spire Healthcare v RSA – Daniel acted for Spire at first instance ([2016] EWHC 3278 (Comm); [2016] 2 C.L.C. 1002; [2017] Lloyd’s Rep. I.R. 118) and in the Court of Appeal ([2018] EWCA Civ 317; [2018] Lloyd’s Rep. I.R. 425) in respect of the limits and the proper meaning and effect of an alleged aggregation clause.
- Prezzo v High Point Estates [2018] EWHC 1851 (TCC); [2018] L. & T.R. 30. The application and scope of the principle in Berni Inns to a leaseholder leasing only part of a building.
- Peel Port v Dornoch Ltd [2017] EWHC 876 (TCC); [2017] B.L.R. 382; [2017] Lloyd’s Rep. I.R. 374: Daniel acted in this dispute in respect of pre-action disclosure of a solvent insured’s insurance policy.
- C v GL – Confidential Arbitration in respect of multiple waste recycling plants.
- AmTrust v TRG [2014] EWHC 3912 (Comm) and [2014] EWHC 4169 (Comm) and [2015] EWCA Civ 437; [2015] 2 Lloyd’s Rep 154 – Daniel acted for an Italian insurance broker in a dispute concerning brokerage commission.
- AJ Buckley v Quinn – Daniel acted for AJ Buckley in proceedings claiming an indemnity under a professional indemnity insurance policy.
- Confidential arbitration proceedings – Daniel acts for professional indemnity insurers in arbitration proceedings.
- Involnert Management Inc v Aprilgrange Ltd [2015] EWHC 2225 (Comm); [2015] 2 Lloyd’s Rep 289; [2015] Lloyd’s Rep IR 661; & [2015] EWHC 2834 (Comm); [2015] 5 Costs L.R. 813 – Daniel acted for the Greek producing broker in respect of a claim in respect of a yacht hull and increased value insurance policy.
- Brit UW Ltd v F&B Trenchless Solutions Ltd [2015] EWHC 2237 (Comm); [2016] Lloyd’s Rep IR 69 – Daniel acted for the insured tunnelling contractor where insurers were seeking to avoid their public liability insurance.
- Lorman v Allianz Daniel acted for insurers in respect of a building warranty insurance policy.
- Fullflow v (1) Newline, (2) Abacus – Daniel gave expert witness evidence to the Cour d’Appel de Fort de France as to English insurance law in respect of a public and products liability policy and a professional indemnity policy.
- Proceedings in the High Court of Mumbai – Daniel acts for the London market insurance brokers in respect of a terrorism reinsurance policy.
- British Waterways v Royal & Sun Alliance [2012] EWHC 460 (Comm); [2012] Lloyd’s Rep IR 562 – Daniel acted for British Waterways in its successful claim for cover under its motor insurance policy in relation to the death of two independent contractors.
- Burdon-Cooper v Lockton – Daniel was instructed on behalf of the placing insurance broker in respect of a professional indemnity policy.
- Cornish v Markel – Daniel acted for the Claimants seeking indemnity under an IFA’s professional indemnity Policy.
- Confidential arbitration proceedings – Daniel acted for insurers in relation to a significant claim arising out of oil rigs inthe Gulf of Mexico.
- Confidential arbitration proceedings – Daniel acted for a captive insurer in relation to an inwards insurance claim and an outwards reinsurance claims in respect of property damage and business interruption totalling over £150m.
- Flexsys America LP v XL Insurance Co Ltd [2009] EWHC 1115; [2010] Lloyd’s Rep IR 132 – Daniel acted in a claim for indemnity under the provisions of a drop down clause in a global Master Policy based on a local policy governed by Ohio Law.
- Confidential arbitration proceedings – Daniel acted for insurers in arbitration proceedings brought by a luxury hotel for business interruption following a fire.
- Confidential arbitration proceedings – Daniel acted for insurers in relation to the loss of a prototype robot.
- Midland Mainline & Others v Commercial General Norwich Union & Others [2004] EWCA 1042; [2004] Lloyd’s Rep IR 22 – Daniel was instructed in a £30 million dispute between Train Operating Companies and their business interruption insurers arising out of the aftermath of the Hatfield derailment.
Awards
News
- Summary judgment – no real prospect of establishing the MMR vaccine was unsafe
- Spire Healthcare Ltd v Royal & Sun Alliance Insurance plc [2020] EWHC 3299 (Comm)
Articles
- Covid-19: Business Interruption insurance, an FCA class action, and the long-tail risks to insurance brokers
- Covid-19 package holiday cancellations: a clear contractual entitlement to a 14 day refund ignored by most tour operators
Events
Qualifications
- CPE / Diploma in Law (Distinction – Inner Temple Bursary 1997), City University (1997 – 1998)
- BA Hons, Merton College, University of Oxford (1994 – 1997)
- George Webb Medley Prize in Economics, Oxford University (1996)
- Merton College Exhibition (1995 & 1996)
Memberships
- COMBAR
- PNBA
- TECBAR
Rankings
- Daniel is recommended by Chambers & Partners as a leading silk for Professional Negligence, Insurance, and Property Damage.
- Daniel is recommended by Legal 500 as a leading silk for Professional Negligence and Insurance & Reinsurance.
- Daniel is a recommended silk in Who’s Who Legal, for both Professional Negligence and Insurance and Reinsurance.
- Winner: Insurance Junior of the Year, Chambers & Partners Bar Awards 2016.
- Shortlisted: Professional Negligence Junior of the Year, Chambers & Partners Bar Awards 2018 and 2012.
Recommendations
“Daniel is very user-friendly, bright and commercially minded. He gains a detailed understanding of large volumes of documentation quickly. He is always practical and to the point.”
Chambers & Partners, 2022
“An extremely impressive all-rounder. Intellectually very strong, he writes thorough and detailed advice, but in a writing style that is nevertheless engaging and accessible. When advising in conference, his ability to set out complex legal arguments and strategy for clients is a particular strength and one that sets him apart from his contemporaries.”
Legal 500, 2022
“A very impressive and persuasive advocate who is completely dedicated to getting the right result for his clients. He is very proactive and user-friendly.” “He’s very popular, effective and produces learned opinions.”
Chambers & Partners, 2021
“Daniel has a very sharp intelligence. His drafting is thorough, and he is very robust in putting forward the best case/defence possible.”
Legal 500, 2021
“He is extremely knowledgeable and is not afraid to make a call and stand behind it.”
Legal 500, 2021
“He is working far beyond his call and seniority.”
Chambers & Partners, 2020
“Good on his feet, good with clients and able to turn things round efficiently.”
Chambers & Partners, 2020
“He is really sharp-witted and excellent in conference; he’s great on the black letter law but has an excellent balance of strategic legal advice and commercial advice.”
Chambers & Partners, 2020
“He is very down to earth and sensible in how he approaches cases, and is persistent in court, in a good way.”
Chambers & Partners, 2020
“He has an excellent sense for strategy and great client handling skills.”
Legal 500, 2019
“Daniel Shapiro is “a very impressive and experienced advocate” recognised for his “calm and authoritative court presence”.”
Who’s Who Legal UK Bar, 2018
“A barrister already working at silk level, he is extremely quick and very bright, and has an extraordinary courtroom presence. He is a very skilled presenter and cross-examiner.”
Chambers & Partners, 2018
