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Richard Sage

Call 2006

Insurance & Reinsurance

Richard has wide experience in insurance disputes, acting for and against insurers and brokers. Richard’s work includes coverage disputes, as well as claims arising out of allegations of misrepresentation, non-disclosure, breach of warranty, and fraud. In addition, Richard frequently acts in professional negligence claims against insurance brokers arising out of (alleged) deficiencies in insurance cover.

Selected Cases

  • Acted (led by Ben Quiney QC) in construction defects insurance dispute arising from various warranties provided on a multi-million euro asset purchase.
  • Acting for insurers following fire at residential property, allegedly due to arson by insured.
  • Acted for insurance brokers in substantial professional negligence claim arising out of alleged non-disclosure of pending criminal charges.
  • Acted for reinsurance brokers in claim arising out of non-payment of commission.
  • Acted for insurance brokers in claim by property owners arising out of absence of flood insurance.
  • Acted for insurers in coverage dispute re extent of indemnity under latent defects policy.
  • Acting for insurers in coverage dispute arising out of non-disclosure of prior claims or circumstances relating to tax-liability insurance schemes.
  • Acting for insurers in coverage dispute arising out of failure to notify insurers of potential claims prior to the inception of the policy, and breach of basis of contract clause.
  • Acting for insurers in a motor insurance dispute where insurers have avoided a policy for material non-disclosure and misrepresentation when completing on-line questionnaire.
  • Acted for defendant insurers in a TCC claim for an indemnity following the negligent design and construction of underpinning to their premises. The insurers successfully argued that the policy was void for material non-disclosure (2010-11).
  • Advising insured over potential claim against home insurers arising out of defective reinstatement works.
  • Genesis Housing Association v Liberty Syndicate Management Ltd [2013] EWCA Civ 1173; [2013] Bus. L.R. 1399; [2013] B.L.R. 565; 151 Con. L.R. 81; [2013] C.I.L.L. 3417; [2013] 42 E.G. 124 (C.S.) – Acted for insurers in c.£460,000 claim for indemnity following the insolvency of the main contractor in large residential building project. Case involved breach of “basis of contract” clause, interpretation of insurance contracts, material non-disclosure, and lack of insurable interest.
  • Liberty Syndicate Management Ltd v Campagna Ltd [2011] EWHC 209 (TCC); (2011) 27 Const LJ 275; [2011] All ER (D) 62 – Acted (led by Ben Quiney QC) in a claim by latent defects insurers against technical auditors. Acting for insurers in two high-value claims against claims handling agents for negligence / breach of contract in failing to manage claims properly leading to higher settlement terms.
  • Mohammed Ashfaq v International Insurance Company of Hannover Plc [2017] EWCA Civ 327 – Acting for insurers in claim following fire at residential property. Policy voided for material non-disclosure, breach of warranty and fraud.
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Awards


  • Arbitration Club Phillip Ranner Prize
  • Kings College Construction Law Association Prize
  • Lord Mansfield Scholar (BVC), Lincoln’s Inn
  • Lord Haldane Scholar (CPE), Lincoln’s Inn

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Qualifications


  • BA History (First Class), Oxford University
  • CPE (Distinction), City University
  • BVC (Very Competent), BPP University
  • MSc Construction Law & Dispute Resolution (Distinction)

Memberships


  • Technology and Construction Court Bar Association (TECBAR)
  • Society of Construction Law
  • Adjudication Society
  • Young International Arbitration Group
  • Professional Negligence Bar Association
  • Commercial Bar Association (COMBAR)
  • London Common Law and Commercial Bar Association (LCLCBA)

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