Maurice Holmes

Insurance & Reinsurance

Maurice has a particular interest in all forms of disputes relating to insurance and reinsurance. He regularly represents insurers facing commercial indemnity issues when presented with claims under classes of risk such as: general commercial liability (EL/PL/products); business interruption and economic loss claims; professional indemnity; financial risk.

Maurice’s experience includes matters concerning issues of non-disclosure, misrepresentation, fraud, breaches of warranty, conditions precedent, notification clauses, proximate cause, aggregation, subrogation and the Third Parties (Rights Against Insurers) Acts. He has also acted in a number of cases involving broking issues.

Maurice also has specific experience of the insurance issues arising from Covid-19, having advised both insurers and brokers on related coverage issues in light of the FCA test case and the form of notifications to affected policyholders.

Selected Cases

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

• Advice as to the scope of cover under various types of policies for business interruption losses and the applicability of damage and non-damage extensions and trends clauses arising out of the Covid-19 pandemic.
• 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 by a major insurer against a third party arising from its failure to adhere to a term requiring the arrangement of insurance cover with an alternative provider in respect of specified events.
• A claim following the repudiation of a Home Insurance policy on the basis of a fraudulently made claim for flood damage.
• 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 as to the doctrine of proximate cause under English law, in connection with an international arbitration in a foreign jurisdiction.

Maurice was instructed as junior counsel in NGS Salt Supplies Limited v (1) Covea Insurance Plc; (2) Riverdale Business Solutions Limited a Commercial Court claim concerning a claim for indemnity following a fire at a salt manufacture and processing plant, with an alternative a claim against the insured’s broker for breach of professional duties. (Led by Ben Quiney QC.)

Awards

• Winner, The Times 2TG Moot (2016)

News

• Third Edition of GAR’s “Guide to Construction Arbitration” published with contribution from Roger ter Haar QC, Crispin Winser and Maurice Holmes of Crown Office Chambers
• Maurice Holmes acts for PTIOs in tennis anti-corruption hearing

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Articles

• Maurice Holmes acts for PTIOs in tennis anti-corruption hearing
• Maurice Holmes led in arbitration determining the lawfulness of Davis Cup eligibility rules under EU and domestic law

Qualifications

• Levitt Scholarship
• Hardwicke Scholarship
• Droop Scholarship
• BPTC
• LLB (Hons), First-Class

Memberships

• COMBAR
• British Association for Sport and Law
• LawInSport

Rankings