Insurance & Reinsurance
Insurance is another of Julian’s core specialties. His insurance practice covers all aspects of non-marine insurance including coverage, misrepresentation, non-disclosure, unfair presentation of the risk, breach of warranty, breach of condition, insurable interest and subrogation. He is a specialist in fraudulent claims. He successfully represented AXA in the Court of Appeal in AXA v Gottlieb, a notable case on fraudulent claims and has produced a podcast for CPDcast on insurance fraud. Julian has also been a contributor to Westlaw’s Insight on insurance.
The case of Leeds Beckett v Travelers Insurance (2017) in which Travelers successfully argued that damage was inevitable and therefore not accidental, has generated significant legal interest and has been widely commented upon.
- Re: former Zanzibar Restaurant site, Jersey – (2019) – claim by piling sub-contractor under liability policy in respect of its liability to main contractor arising out of damage to neighbouring properties caused by piling and excavation works. Issues as to coverage, whether damage inevitable and breach of reasonable precautions condition.
- Re: Fire at thermal energy recovery facility (2018) – £20m claim arising out of catastrophic disintegration of turbine and subsequent fire at thermal energy recovery facility. Incident caused by operator error. Claims under asset protection and revenue protection policy. Composite policy. Advising insurer on liability under policy to various different insureds with differing interests in the facility. Complex issues in relation to characterisation of cause(s) of loss, construction of policy and application of exclusion clauses to insureds who were not responsible for the loss.
- Re: The Lancasters, Lancaster Gate (2018) – Advising Zurich Insurance in relation to multi-million pound claims under a Building Defects Guarantee policy issued in respect of a an “ultra-prime” redevelopment of a Grade II listed Georgian Terrace overlooking Hyde Park
- Casson v Spotmix Ltd & Gable Insurance AG (2018) – £10m employers’ liability claim. Acting for the defendant employer’s insurer in relation to its avoidance of the defendant’s EL cover
- Leeds Beckett University v Travelers Insurance Co Ltd  Lloyd’s Rep. I.R. 417 (TCC) – “All Risks” property damage policy. Catastrophic failure of below ground concrete blockwork due to
- water leaching and sulfate attack. No cover as damage was inevitable and therefore not “accidental”. Cover also excluded under the “gradual deterioration” and “faulty or defective design” exclusions.
- LB of Southwark v Woodwell Ltd, Catlin and Argo Syndicate (2016) – £9m claim in respect of fire at Old Walworth Town Hall. Numerous issues under the policy including coverage in respect of contractual liability and breach of condition precedent in relation to “hot works”
- Mandalia v Beaufort Dedicated No 2  EWHC 4039 (QB) – Owners of commercial premises claiming for malicious damage and theft arising out of conduct of tenants who had abused premises and then quit, taking Claimants’ property and leaving premises in deplorable state. Dispute as to construction of policy, coverage and applicability of exclusion clauses. Also allegation of fraud in the claim.
- Re Pollution & Contamination Clauses (2014) – Advising leading insurer on coverage in relation to various P&C exclusions clauses in a number of policies and their applicability to e.g., damp and mould in buildings, Legionella, asbestos disease claims, carbon monoxide poisoning and lead poisoning.
- Allianz Insurance v Harrison & Harrison (2014) – Fire at commercial premises. Material Damage and Business Interruption claim. False information provided to insurers in support of claim. Issues as to whether dishonest and fraudulent.
- Karani v Show Projects (2013) – Claim by Gerry Cottle’s circus arising out gas explosion in caravan injuring performer. Issues included whether an EL or PL claim, late notification, estoppel, exclusion for deliberate acts, breach of condition precedent and avoidance.
- Re: Volcanic Ash (2010) Direct instructions from AXA to advise on whether disruption to air travel caused by eruption of the Eyjafjallajökull volcano in Iceland was covered under AXA’s travel policies
- Tate Gallery v Duffy Construction Ltd (No 2)  EWHC 912 (TCC) – Flooding at the Tate Gallery. Reasonable precautions condition.
- Axa General Insurance v Gottlieb  Lloyd’s Rep IR 369 (Court of Appeal) – Fraudulent claim. Claim paid in part by insurers before discovery of fraud. Effect of forfeiture on sums already paid.
- Paine v Catlins  Lloyd’s Rep IR 665 (TCC) – Fire claim. Construction of policy.
- Morant v Zurich & Amlin (2005) – Fire claim. Misrepresentation, breach of warranty and fraud in the claim.
- Midland Mainline v Commercial Union & Eagle Star  Lloyd’s Rep 739 (Court of Appeal) – Shut down of rail network following Hatfield derailment. Business interruption and proximate cause. Southampton FC v Avon  EWHC 571 (QB) – Permanent health insurance. Whether an injury to professional footballer was the “sole and independent cause” of his inability to continue playing. Gerling v Turner & Newall – Multi-million pound coverage and avoidance dispute arising out of the presence of asbestos in buildings in US.
- Pryke v Gibbs Hartley Cooper – Duties of intermediary on a binding authority.
- BICC v English & American – Multi-million pound dispute between insured, insurers and brokers arising out of Stop Loss policy.
- Reinsurance Arbitration – Avoidance of Marine Non-Proportional Treaty.
- Reinsurance Arbitration – Avoidance of reinsurance contracts; breach of duty by brokers. Harding v Weatherbys – Fraudulent claim under bloodstock policy resulting in avoidance of policy; liability of intermediaries to insured.
- Banque Bruxelles Lambert v Zurich & Various Lloyd’s Syndicates – Claims by banks and MIG insurers under Third Parties (Rights Against Insurers) Act 1930 against insurers of John D Wood. NEM v Pan Atlantic – Claim by reinsureds under Excess of Loss retrocession contract.
- Arbitration, East Africa – Dispute between insurer and insured as to entitlement to costs of reinstatement following hotel fire in Dar es Salaam.
- Prezzo v High Point Estates – the extent of the principle in Berni Inns
- Julian Field successful in recent TCC decision
- ADR Registered Mediator
- CEDR Registered Mediator
- LLB, King’s College London
- Commercial Bar Association
- London Common Law & Commercial Bar Association
- Professional Negligence Bar Association
- Technology & Construction Bar Association
“A very safe, experienced pair of hands who is good at calming down anxious clients.”
Chambers & Partners UK Bar 2018
“He is very good at analysing the actual issues in a case and focusing on them.”
Chambers & Partners UK Bar 2018
Legal 500, 2017
“An insightful senior junior, who is as good as a silk”
Legal 500, 2016
“He misses no detail and is very to the point and focused”
Chambers and Partners UK Bar 2016
“As good as most silks, very easy to work with, very grounded and a go-to for difficult work.”
Chambers & Partners UK Bar 2015
“experienced in large property damage claims – excellent reputation”
Legal 500, 2014
“Has a fantastic reputation for handling significant property damage claims based upon tortious or contractual liability”
Chambers & Partners UK Bar 2013, 2014
“Leading Junior in the fields of Construction and Professional Negligence”
Legal 500, 2008-2014)
“Leader at the Bar in Commercial Dispute Resolution – has ‘deep-tissue insight into insurance claims”
Chambers & Partners UK Bar 2008