Casualty
Damian advises on fraud risk and strategy in all types of civil / criminal fraud cases, including motor, personal and commercial property, employers' and public liability, personal accident cover and professional liability.
Direct Lines
+44 (0) 161 240 8485 +44 (0) 7971 678288 damian.rourke@clydeco.comMain Office
Manchester, 2 New Bailey
+44 161 236 2002 +44 333 3000 232Regional experience
Full Profile
With over 18 years' fraud experience, Damian is a well known and respected practitioner in the field. His work ranges from single policyholder frauds to complex, highly organised cross-insurer fraud rings.
He acts for a range of professional clients, from household name insurers, retailers and large-scale fleets to local authorities and self-insured publicly listed and private companies.
Damian contributes to industry debate and awareness through regular public speaking, workshops, published articles and involvement with industry groups; including being a member of the FOIL SFT.
He is responsible for the day-to-day management of various insurer client accounts, managing a dedicated team based in the Manchester office.
Damian is an experienced litigator and has advised various insurers with drafting of precedent repudiation documents for claims pre-issue and assisted in setting up/implementing initial claims validation strategies including KFI checklists.
Experience
- Developed our Project Martello strategy for dealing with exaggerated claims across all lines of business using fundamental dishonesty arguments – a strategy that has saved our insurer clients more than GBP 9m to date.
- Led a claim involving a fraud ring where we successfully brought committal proceedings for contempt of Court against an accident management company director – who was jailed as a result.
- Dealt with a number of fraud rings in the Liverpool and East London area for major insurers.
- Assisted IFED with providing evidence in relation to a large scale and complex fraud ring operation that led to the arrest and charging of the largest number of people in a single investigation.
- Assisted a large insurer in drafting and implementing a pilot repudiation strategy for motor claims throughout the UK.
- Successfully defended a GBP 650,000 claim arising from a road traffic accident – with the claim being dismissed on the grounds of fundamental dishonesty.
- Successfully brought the first private prosecution for a public liability claim – the claimant receiving a 21-month prison sentence for staging a tripping claim.
- Successfully brought the first action for contempt of Court against the director of an Accident Management company.