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. Richard is recommended in the Legal 500 for his work in insurance and reinsurance.
Selected Cases
- Acting (led by Andrew Rigney KC) in international arbitration relating to reinsurance of guarantees and performance bonds provided to Middle East contractors.
- Acting (led by Daniel Shapiro KC) in claim against insurers under Third Parties (Rights Against Insurers) Act in claim following fire at commercial premises.
- Acting (led by Ben Quiney KC) in warranty claim following substantial collapse of university buildings during course of renovation works.
- Claims against brokers of yacht insurance arising out of allegations of inadequate cover.
- Acted (led by Ben Quiney KC) 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 KC) 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; [2018] Lloyd’s Rep. I.R. 228; [2017] H.L.R. 29 – Acting for insurers in claim following fire at residential property. Policy voided for material non-disclosure, breach of warranty and fraud.
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
News
- Crown Office Chambers recognised by Legal 500 EMEA 2024 for construction expertise in the Middle East
- Members of Chambers recognised by the Legal 500 EMEA 2023 for their construction expertise in the Middle East
Events
- Richard Sage and Andy Flanagan to attend Riyadh International Disputes Week, 3-7 March 2024
- Dubai Arbitration Week 2023
Articles
- King v Stiefel: a useful guide to making and responding to wasted costs applications
- New Guidance Published on Responsible Contractual Behaviour
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)
Recommendations
“Richard is excellent. The work product he produces is second to none.”… “He’s very accessible, very responsive, very thorough and provides well-thought-out arguments.”
Chambers & Partners, 2024
“Richard is very easy to work with – friendly for both instructing solicitors and clients. Richard is pragmatic and able to cut through complicated legal concepts to the crux of issues and prepare persuasive pleadings.”
Legal 500, 2024
“An extremely intelligent junior who distils complex information quickly, and is very calm and collected at all times.”
Legal 500, 2024
“Richard is outstanding. He is extremely bright, fantastic with clients, and immensely hard-working.”
Legal 500, 2024
“Richard has provided comprehensive advice at all stages and has been particularly strong in conference, in complex and changing areas of law, coupled with strong drafting skills and advocacy.”
Legal 500, 2023
“Richard is great on detail, and on working with technical experts to ensure sometimes extremely complex technical issues are presented in the most effective and comprehensible way. He is very easy to get on with, user-friendly, and good with clients and experts.” “Tactically astute; very user friendly. No obvious weaknesses.”
Legal 500, 2023
“He is a pleasure to work with, extremely responsive and produces tightly written well considered pleadings and advice.” “”Richard is very good on the detail as well as the analysis of the law and expert issues.” “”He is a pleasure to work with, extremely responsive and produces tightly written well considered pleadings and advice.”
Chambers & Partners, 2023
“He advises his clients with great skill and sensitivity and he’s an excellent team player and a brilliant advocate.”
Chambers & Partners, 2022
“Richard is a class act and very knowledgeable. His key strengths from an international perspective are his ability to work as part of a team and his excellent tactical acumen. His advice is clear, concise, and commercially-minded.”
Legal 500, 2022
“His attention to detail is very good and he always thinks through to the end game. He is thoroughly easy to deal with, very approachable and very good with clients.”
Chambers & Partners, 2022
“Richard’s technical expertise is first rate, but his true strength is his ability to communicate complex technical legal issues in a manner which is readily understandable by the lay clients.”
Legal 500, 2021
“Very hardworking and will dedicate himself to a case. He is always available to provide a guiding hand and his advice is invaluable.” “His quiet confidence belies a sharp, keen mind and a steady, measured determination and focus that make him an incredibly reassuring and competent advocate to work with.” “He is tactically astute, responds quickly and has excellent drafting skills.”
Legal 500, 2021
