Daniel Shapiro KC

Insurance & Reinsurance

Daniel is an insurance and reinsurance specialist. He regularly acts for and advises insureds, insurers and reinsurers in respect of the operation and effect of policies. Daniel acts for insurance brokers and other insurance intermediaries in defending professional negligence claims. Daniel has experience across all non-marine and some marine policies, many involving programmes, and often global programmes, of insurance.  He has particular expertise in insurance matters related to his other areas of practice: professional indemnity (PI); warranty and indemnity (W&I); contractors all risks (CAR); property damage; public, products and employers’ liability; business interruption (BI); directors & officers (D&O); and cyber policies.  He is often instructed in developing areas or where policy language is evolving such as cyber risks.

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

• World Challenge v Zurich [2023] EWHC 1696 (Comm) – Daniel acted for World Challenge in its claim for indemnity for its refunds to customers in respect of deposits on expeditions cancelled as a result of the Covid pandemic
• Finsbury Foods v Axis [2023] EWHC 1559 (Comm); [2023] Lloyd’s Rep. Plus 81  – Daniel defended W&I insurers in a claim arising out of the acquisition of a gluten free bakery.
• DC Bars Ltd v QIC Europe Ltd [2023] EWHC 245 (Comm); [2023] 1 Lloyd’s Rep 239 – Whether proceedings should be stayed for an arbitration clause.
• Spire Healthcare v RSA [2022] EWCA Civ 17; [2022] Bus LR 170; [2022] Lloyd’s Rep IR 130; [2023] PNLR 15 and [2020] EWHC 3299 (Comm); [2021] Lloyd’s Rep IR 182 – Daniel acted for Spire in respect of the limits and the proper meaning and effect of an alleged aggregation clause (also [2016] EWHC 3278 (Comm); [2016] 2 C.L.C. 1002; [2017] Lloyd’s Rep. I.R. 118 and [2018] EWCA Civ 317; [2018] Lloyd’s Rep IR 425).
• Confidential arbitration concerning a CAR and property damage policy [2020] – Daniel acted for a CAR insurer in arbitration concerning issues of pure economic loss and complex structures.
• Dalamd v Butterworth Spengler [2018] EWHC 2558 (Comm); [2019] Lloyd’s Rep IR 295 – Daniel defended Butterworth Spengler against a claim for insurance broking negligence arising out of property damage, business interruption and CAR policies.
• 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 – Pre-action disclosure of a solvent insured’s insurance policy.
• Confidential arbitration concerning liability policies [2017] – Arbitration in respect of multiple waste to energy 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.
• Confidential arbitration proceedings – Daniel acted 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 superyacht hull and IV 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.
• Proceedings in the High Court of Mumbai – Daniel acted 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.
• Burdon-Cooper v Lockton – Daniel was instructed on behalf of the placing insurance broker in respect of a professional indemnity policy.
• Confidential arbitration proceedings – Daniel acted for insurers in relation to a significant claim arising out of oil rigs in the 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 claims.
• 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.
• 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

Events

• Daniel Shapiro KC to speak at the British Insurance Law Association Virtual Lecture
• Daniel Shapiro QC to discuss coverage issues in cyber insurance at Lloyd’s Market Association

News

• Daniel Shapiro KC, Michael Harper and Alethea Redfern acted for World Challenge Expeditions Ltd in its successful claim against Zurich Insurance Company Ltd
• Daniel Shapiro KC, Caroline McColgan and Hamish Fraser acted for the successful Insurers in the first warranty & indemnity insurance claim to be decided by the Commercial Court

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Articles

• Defending W&I claims: strategic themes illustrated in Finsbury Foods v Axis & Ors
• Covid-19: Business Interruption insurance, an FCA class action, and the long-tail risks to insurance brokers

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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.