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Maurice Holmes

Call 2015

Insurance & Reinsurance

Maurice has a particular interest in all forms of disputes relating to insurance and reinsurance. His experience includes matters concerning policy wording, scope of cover, fraud, breaches of warranty and condition precedent, non-disclosure, misrepresentation, notification clauses, and more technical issues such as proximate cause and aggregation.

 

Selected Cases

Maurice’s recent instructions as sole counsel include the following:

  • Advice as to the scope of coverage under a policy of facultative reinsurance, including the likely operation of a deductible clause in the underlying policy.
  • Advice on the revision (in light of the Insurance Act 2015) of policy wordings used by a major insurer, with a particular focus on the fraudulent claims provisions.
  • Research into the doctrine of proximate cause under English law, in connection with an international arbitration in a foreign jurisdiction.
  • A marine cargo claim following the theft of equipment in a foreign jurisdiction, giving rise to issues including the operation of Cl. 16 under the Institute Cargo Clauses (A) and the materiality of non-disclosures.
  • A claim against a broker concerning alleged failings in the placement of appropriate PI insurance.
  • Proceedings concerning the repudiation of a Home Insurance policy following evidence of a fraudulently made flood damage claim.

Maurice assisted as a pupil on matters including:

  • An application for permission to appeal against the decision in Involnert Management Inc v Aprilgrange Ltd & Ors [2015] EWHC 2225 (Comm), concerning a dispute over the interplay between related policies of Hull & Machinery and Increased Value insurance (led by Daniel Shapiro).
  • Advice as to the scope of coverage under a policy of Professional Indemnity insurance (led by Daniel Shapiro).
  • An arbitration claim following an insurer’s allegedly wrongful refusal to indemnify (led by Daniel Shapiro).
  • A claim for indemnity under a policy of Public Liability insurance, involving issues as to late notification (led by Daniel Shapiro).
  • A claim for indemnity (and/or in negligence against the producing broker) under a policy of Commercial Combined insurance (led by Crispin Winser).
  • A coverage dispute arising from the alleged breach of a collateral agreement reached upon the inception of a policy (led by Richard Sage).
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