Assurance et réassurance
Key Trends in Australian Insurance 2021
Our global financial institutions and directors & officers team advises the London market, US and other international insurers and reinsurers on all aspects of FI and D&O work. We have built a reputation for successfully defending claims and handling the most complex coverage issues. Our team acts on claims of all sizes and types and advises on some of the largest losses in the insurance market.
We advise on D&O claims against institutional and retail banks, building societies, pension funds, split capital investment trusts, investment advisers, asset managers and hedge funds.
We frequently handle complex defence claims involving directors’ disqualification proceedings, wrongful trading actions and other claims arising out of insolvency, defence of civil penalty claims and criminal enforcement action arising from alleged corporate and financial misconduct.
Our team handles complex coverage litigation, arbitration and mediation, monitoring claims for insurers globally, providing strategic input and controlling leakage on large programmes, as well as advising steering committees.
We offer expertise coupled with local, on the ground knowledge. We act on claims of all sizes and types in all jurisdictions, and are experienced in handling complex coverage and defence litigation, arbitration and mediation. We have been involved in advising on many of the key issues in the FI and D&O market. These include cyber liabilities, increasing global regulatory activity and related policy triggers, the impact of soft wordings, exposures resulting from benchmark rigging allegations, disgorgement, claims under fidelity policies related to unauthorised trading, IPO allocations and ratings agency claims.
We regularly draft FI and D&O policies, and provide practical advice on risk management and corporate governance issues. We keep up to date with international regulatory trends and emerging risks for directors and officers, such as with climate change obligations.
Advising Canadian, London market and US insurers with respect to coverage for class action securities claims asserted under newly-sanctioned secondary market class action securities laws in Canada
The U.S. Court of Appeals for the Second Circuit affirmed the district court’s grant of summary judgment to Clyde and Co’s client, a large multi-national insurance company, in a coverage dispute with an insured hedge fund. The court found that coverage was barred as a matter of law because the...
The U.S. District Court for the District of Arizona granted judgment and awarded to Clyde & Co’s clients USD 1.2m in attorney’s fees and costs incurred in defending a coverage and bad faith action. In so ruling, the court held that Clyde & Co performed its services for its clients “with utmost...
Acted for a large specialty insurer in front of the U.S. Court of Appeals to secure a reversal of a decision by the U.S. District Court for the District of Utah that claims were in fact related and deemed a single claim first made prior to the policy period at the time the earlier claim was...
Secured motions to dismiss bad faith claims brought against a number of Clyde & Co’s clients. In the suit, a large national bank contends that it is entitled to USD 525m in coverage under professional indemnity policies over four policy periods for USD 4.5b in alleged losses relating to its...
Clyde & Co successfully represents insurers at the trial and appellate levels when The New York Appellate Division for the First Department granted the insurers’ motion for summary judgment that Bear Stearns’ USD 140m disgorgement payment to the Securities and Exchange Commission was not an...
Acting for the insured and insurers in one of the largest shareholder class actions to proceed to trial in Australia (which arose from a profit downgrade), and advising on the insurance issues arising out of litigation in the US with the holders of convertible bonds
Acting for an insurer (under a D&O policy) in defending multiple Australian Supreme Court proceedings involving a dispute between an international company, a number of its former directors and officers and their new employer in relation to alleged breaches of contractual and fiduciary duties
Advising insurers/reinsurers of a large Hong Kong bank and its subsidiaries in relation to policy coverage and indemnity regarding substantial mis-selling claims by over 10,000 customers in relation to their purchase of Lehmans minibonds
Coverage disputes for Arab Spring losses
Financial lines claims from the Al Gosaibi fallout
Advising a panel of insurers of a Bankers Blanket Bond (fidelity section) for a major retail bank. Substantial losses to customers had arisen from a complex series of frauds by a bank employee
Acting for the directors of Portsmouth City Football Club in respect of an action brought by the Administrators against the directors under the Insolvency Rules
Acting for fidelity and crime insurers in investigations of fraudulent schemes in the US, Canada, Japan, Argentina and Bermuda
Advising London market and international insurers on policy coverage for several multi-million dollar claims by Middle East and international banks resulting from the Saad/Algosaibi fallout and subsequent global litigation
Advising London market on coverage litigation in New York Supreme Court arising from a fidelity claim for over USD 140 million in unauthorized trading losses
Advising a London market and Australian client with respect to Chinese reverse merger claims pending in New York, Delaware, California, and Hong Kong
Conducting a past business review for a stockbroking firm in relation to the mis-selling of structured investment products. The past business review followed multiple customer complaints and an FSA investigation and formed the basis of a customer redress scheme
Acting for a large national accountancy network with an extensive IFA business in relation to FSA investigations and civil claims arising out of alleged mis-selling of Lehmans structured products