Michael Harper

Insurance & Reinsurance

Insurance work, both litigated and advisory, forms a core part of Michael’s practice and Michael is identified as a leading junior in Legal 500.

Michael has extensive experience of a wide range of issues across coverage, policy interpretation and recovery claims. This includes a 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.

Litigated cases

Examples of Michael’s litigated work include:

• World Challenge v Zurich [2023] EWHC 1696 (Comm) and subsequent appeal to the Court of Appeal: £10m insurance coverage dispute arising from Covid. Acted at the 4-week trial and on appeal, with the parties settling days before the 3-day appeal began. Led by Daniel Shapiro KC.
• David Wood Baking v QBE & ors: £100m claim for machinery & plant and business interruption following a fire; settled weeks prior to a 3-week trial, following an expedited timetable. Led by Daniel Shapiro KC and managing a team of junior counsel.
• Markerstudy Insurance Services v H: strike out of a six-figure claim by an insurers managing general agent under a motor policy; described by the Judge as an “unusual set of proceedings” for turning, in part, on whether the insurer would consent to substitution as claimant.
• Quality Pack v Lloyd’s Syndicate 1991: £10m claim for property, business interruption and public liability cover; disputed on the basis of alleged non-disclosure.
• Mamancochet v Aegis [2018] EWHC 2643 (Comm) and subsequent appeal to the Court of Appeal: acting for 30 Lloyd’s syndicates; defended a £4m claim in a highly expedited trial on a novel issue of coverage.
• Shaik v Go Skippy Insurance: motor policy claim relating to the scope of cover under the standard wording and so of wider significance to the insurer.
• Spire Healthcare v RSA [2018] EWCA Civ 317: as a pupil, Michael assisted on the appeal, concerning the proper interpretation of an aggregation clause. Assisting Michael Harvey KC and Daniel Shapiro KC.

Advisory work

Examples of Michael’s advisory work include:

• £22m claim on a public liability policy, arising from hot works.
• £10m claim on a public liability policy (comprising a global master policy and local policies) arising from a fire at Alicante airport.
• £0.4m claim on professional indemnity policy for allegedly defective design and/or installation of generators.
• £1m claim on public and products liability policy, arising from flooding.
• £0.6m claim on professional negligence policy arising from allegedly defective M&E works, as part of overall design and construction works.
• £4.5m claim on property damage and business interruption policy, arising from a fire.
• Regarding breaches of warranty relating to a warehouse fire.
• Drafting tripartite settlement agreement between insured and insurer market to compromise a dispute on policy construction, following a cyber (ransomware) attack.
• Advising in relation to and drafting declinature and recovery correspondence in relating to the refusal of a jewellery claim on the basis that it was a fraudulent claim.
• Advising in relation to and drafting declinature correspondence for non-disclosure.
• Regarding potential liability under a motor policy, in circumstances of car hire and multiple insurers.

Selected Cases

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

Read more

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
• PNBA