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Justin Davis

Call 2003

Insurance & Reinsurance

Insurance and re-insurance is a fundamental component of Justin’s practice. He has represented and advised a wide range of clients including brokers and other intermediaries, claims handlers, underwriters, insurers and re-insurers, Protection and Indemnity Clubs and individuals. Justin deals with all aspects of insurance and reinsurance disputes including policy coverage and interpretation, policy avoidance, disclosure and nondisclosure, misrepresentation, liability and fraudulent claims. Justin has experience of policies relating to professional indemnity, public liability, building cover, fire and theft and motor insurance.

Selected Cases

  • Fresca-Judd v Golovina [2016] EWHC 497 (QB) – The main issue was whether a landlord’s insurer was entitled to bring a subrogated claim against the landlord’s tenant, i.e., whether or not the insurance policy taken out pursuant to the lease was for the benefit of both parties. This required interpretation of Mark Rowlands v Berni Inns Ltd [1986] QB 211 and Agnew-Surpass Shoe Stores Ltd v Cummer-Yonge Investments Ltd (1975) 55 D.L.R. (3d) 676.
  • County Motor Works (Chelmsford) Ltd v PBFW Ltd [2014] EWHC 3392 (QB) – The central issue in this case was whether a fire at an industrial estate had been caused by the negligent disposal of linseed oil-soaked rags.
  • Axa Insurance UK PLC v Norwich Union Insurance Ltd [2007] EWHC 1046 (Comm); [2008] Lloyd’s Rep. I.R. 122 – Led by Roger ter Haar QC. This case concerned the proper interpretation and application of section 145(4A) of the Road Traffic Act 1988 and its interaction with the Employers’ Liability (Compulsory) Insurance Exemption (Amendment) Regulations 1992 and the Third Directive on Motor Insurance (90/232/EEC).
  • Acting in an arbitration concerning the construction of a D&O policy. The issue was whether or not the policy covered the criminal defence costs of a former trader alleged of LIBOR rigging.
  • Acting in the RSA test litigation in the Commercial Court and the Court of Appeal concerning subrogated motor claims.
  • Advising an insurer in relation to the Third Parties (Rights of Insurers) Act 1930 in a case where its insured had defaulted on premium payments before being dissolved and removed from the register of companies.
  • Advising various insurers in relation to apparently fraudulent claims under motor and property policies.
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Qualifications


  • LLB (Hons), City University

Memberships


  • Commercial Bar Association
  • Professional Negligence Bar Association
  • Society of Construction Law (Gulf)
  • Technology & Construction Bar Association

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