Insurance Disputes
Overview
The Insurance Disputes practice has an established record of successfully representing insurers, reinsurers, brokers and insureds in a wide variety of matters across all insurance lines. We have considerable experience advising and acting for clients in matters relating to insurance coverage, insurance defence, insurance recovery, as well as policy wording and regulatory related matters.
Representative Experience
Insurance Coverage – Financial Lines
Representing a Japanese bank in a coverage dispute in respect of a claim made under a political risk insurance policy. The claim arises from acts of expropriation by the government of Myanmar.
Representing a Singapore public hospital in a coverage dispute in respect of a claim made under a fidelity guarantee and which concerns fraudulent and dishonest acts perpetrated by an employee over a period of 8 years.
Representing a leading local bank in claims under various trade credit insurance policies totalling approx. US$200m.
Representing a major trade credit insurer in relation to claims against and arising from the collapse of a multinational commodity trader, which is alleged to have carried out fraudulent trading activities.
Representing a private equity fund in a coverage dispute involving an insurance claim under a commercial crime policy in respect of losses suffered as a result of a sophisticated social engineering fraud carried out by a third party.
Representing a global invoice financing platform in a coverage dispute involving multiple claims under a trade credit insurance policy for losses in excess of US$65 million in respect of financing provided for the trading of commodities.
Representing an insured on coverage issues under a cyber and commercial crime policy following a data breach incident and a ransomware payment.
Representing insurers on a claim under a D&O policy in relation to criminal investigations and proceedings for bribery and corruption in multiple jurisdictions against several directors and members of senior management.
Representing an insurer in 2 SIAC arbitrations involving a major Singapore based bank. The underlying contract giving rise to the claim under the trade credit policy related to commodity trading and a receivables facility issued by the bank valued in excess of US$ 60 million.
Representing a reinsurer in a dispute involving a Japanese investment bank and a multinational oil and gas conglomerate in relation to amounts due under a loan facility.
Representing insurers on a claim under a kidnapping and ransom insurance.
Insurance Coverage – Maritime
Representing an insurer in a maritime related reinsurance claim against a syndication of reinsurers in relation to their liability to indemnify following the total loss of a vessel.
Representing insurers in a maritime related insurance claim under a hull and machinery policy following the total loss of a luxury yacht. The matter involved allegations of fraud and material non-disclosures.
Insurance Coverage – Property / Construction
Representing a leading global provider of data centre and colocation solutions in multiple insurance claims arising from a major fire at one of its key data centres.
Representing an insurer in a coverage dispute in respect of claims for property damage following a major fire at a luxury condominium.
Representing an insurer in a coverage dispute under a construction all risk policy. The matter relates to rectification works carried out in a construction project and involves multiple co-insureds (involving an insolvent property developer).
Representing one of the largest infrastructure, building and consultancy services firm (“Consultant”) in Singapore in a coverage dispute with its insurers involving the Consultant’s liability in a major construction project which collapsed.
Representing an insurer in a coverage dispute involving an insurance claim in excess of S$200 million for business interruption losses suffered by the portfolio of retail and commercial properties owned by the insured’s group of companies as a result of the restrictions imposed by the authorities following the COVID-19 pandemic.
Representing an international chain of luxury hotels in a coverage dispute involving an insurance claim in excess of US$40 million for business interruption losses arising from the restrictions imposed by the authorities following the COVID-19 pandemic.
Representing a syndication of insurers on coverage related issues under an all-risk policy relating physical damage to a major tourist attraction in Singapore.
Representing an insurer in a dispute involving a multinational construction company in relation to obligations under a contractors' all risk insurance policy for the construction of an integrated sports, entertainment and lifestyle hub.
Insurance Defence
Representing a Singapore listed construction company in dispute involving a property damage and personal injury covered by a public liability insurance policy.
Representing an insurance broker in a dispute involving breaches of duties owed to an insured, which is a state-owned oil and gas company.
Representing directors of a multinational oil and gas company in defending a claim commenced by the counterparty of a reverse take-over transaction against the company and its directors. The matter arose out of an aborted reverse take-over transaction and involves claims of fraudulent and negligent misrepresentation, conspiracy, breach of contract and inducement of breach of contract.
Representing a multinational home appliance manufacturer in a product liability dispute involving defective refrigerators.
Representing directors of a multinational manufacturing company in defending a claim commenced by the judicial managers of the said company. The matter involved allegations of breaches of fiduciary duties and dissipation of assets.
Representing a multinational water solutions company in a dispute involving property damage covered by a public liability insurance policy.
Representing a major real estate consultancy service provider in a dispute covered by a public liability insurance policy, and errors and omissions policy.
Insurance Disputes – Policy Wording & Regulatory
Representing the liquidators of a P&I club based in Bermuda on insurance regulatory related matters, issues involving its insureds and reinsurers, as well as claims against its directors.
Representing a financial institution in negotiations relating to a brokerage & risk management services agreement and a claims consultancy agreement with its insurance broker.
Advising trade credit insurers in relation to insurance regulatory related matters in Singapore.
Advising an insurtech start-up assisting insurers to transition to risk-based motor insurance through the provision of telematics hardware and software to insurance companies on insurance regulatory related issues.
Representing a major trade credit insurer in reviewing and revising the wording contained in its various policies used in Southeast Asia and North Asia.
Advised insurers on regulatory related matters in relation to D&O policies and kidnapping and ransom policies.
Insurance Recovery
Representing insurers in a subrogated claim against a multinational construction company following payment of an indemnity under a construction all risk policy.
Representing insurers in various subrogated claims.
Representing insurers in various recovery proceedings against various debtors following payment of indemnities under trade credit insurance policies.
“Siraj Omar, SC has been identified as a Global Elite Thought Leader - among the top five percent of practitioners who have received the highest number of nominations from market sources for their exceptional ability to innovate and extensive experience in the legal field.”
The team are “very user-friendly, and are proactive in proposing solutions that are creative and strategic in nature. They know arbitration and court work well.”
Allister is “not only an excellent legal advisor but also a savvy negotiator with a good understanding of both commercial as well as insurance requirements”.