Michael Harper

Insurance & Reinsurance

Michael has experience of a wide range of issues across coverage, policy interpretation and recovery claims. This includes a recent secondment with a specialist insurance firm.

Michael is particularly at ease with technical points, having contributed towards the Insurance Act 2015 at the Law Commission and with a depth of academic background in this field.

Selected Cases

• Mamancochet v Aegis [2018] EWHC 2643 (Comm). Acting for 30 Lloyd’s syndicates, defended a £4m claim in a highly expedited trial on a novel issue of coverage.
• Advising on issues arising from a seven-figure insurance claim, including subrogated recovery against a fraudulent co-insured.
• Successfully obtaining the strike out of a claim against insurers on the basis of coverage.
• Successfully defending a claim against motor insurers at trial on an issue of policy interpretation.

As a pupil, Michael assisted on matters including:

• Spire Healthcare v RSA [2018] EWCA Civ 317. Court of Appeal decision concerning the proper interpretation of an aggregation clause. Assisting Michael Harvey QC and Daniel Shapiro QC.
• Advising on coverage issues concerning public liability and the distinction between property damage and pure economic loss (the principle in Tesco Stores). Assisting Daniel Shapiro QC.
• Advising on a strategic decision as to whether to proceed by subrogated claim or assignment. Assisting Michele de Gregorio.
• Advising on the scope of employer’s liability coverage. Assisting Matthew Boyle.
• Advising on issues of double coverage and notification. Assisting Matthew Boyle.

News

• Daniel Shapiro KC, Michael Harper and Alethea Redfern acted for World Challenge Expeditions Ltd in its successful claim against Zurich Insurance Company Ltd
• DIPT v Sanglier v Apollo: the importance of assessing the evidence, settling reasonably, and understanding the terms on which you contract

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Articles

• DIPT v Sanglier v Apollo: the importance of assessing the evidence, settling reasonably, and understanding the terms on which you contract
• Hindsight is 20/20: Assessment of damages in light of Covid-19

Qualifications

• BPTC
• BCL, University of Oxford
• BA Hons, University of Oxford
• Lord Denning Scholarship, Lincoln’s Inn
• Graduate Fund Scholarship, Oxford Law Faculty

Memberships

• COMBAR