In July 2016, Mark joined Reed Smith's Insurance Recovery Group, a market-leading team of coverage experts operating internationally who are committed to providing support only to insured policyholders.
Mark has had extensive experience, for over 20 years, in handling high-value, multi-jurisdictional insurance and other commercial disputes (including cross-border litigation and arbitration proceedings).
In the insurance context, that experience has covered a range of non-marine and marine risks - including professional indemnity, financial institutions, directors' and officers' liability, property, energy and construction risks.
Mark's practice also increasingly involves "risk management" work, including advising on corporate governance matters, reviewing anti-corruption policies and procedures and conducting reviews of insurance arrangements.
Between 2008 and 2010, Mark worked in the Dubai office of a U.S. firm and continues to work closely with clients from, and investors into, Middle East jurisdictions. He has also developed a strong reputation for assisting policyholder clients based in a number of offshore jurisdictions (in particular, Jersey and Guernsey).
Mark was identified as a "Best Client Partner 2014" in a Legal Week survey of FTSE 100 general counsel.
Mark is regularly commended by independent legal directories: he "is 'very sensitive to the commercial needs of the client,' according to market commentators. He handles professional indemnity, real estate and energy and construction coverage among other areas." - Chambers & Partners 2016
Mark was granted Higher Rights of Audience (Civil Proceedings) in November 2016.
Finally, Mark is an active participant in a range of pro bono initiatives coordinated by Reed Smith.
This Practice Note deals specifically with the reforms in Regulation (EU) 1215/2012, Brussels I (recast) as they relate to insurance matters. These are set out in the regulation at Chapter II, Section 3 in Articles 8–14. The Practice Note considers general rule that a defendant should be sued in the country in which they are domiciled and exemptions to that general rule when dealing with an insured who is regarded as the weaker party—the position where parties are on an equal footing is explored. Additional protection where there might otherwise be tacit prorogation of jurisdiction is considered as is impact of an agreed jurisdiction clause in an insurance dispute.
This Practice Note looks at the insurance contract provisions in Retained Regulation (EC) 593/2008, Rome I. Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose and escape routes. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether Retained Rome I or Retained Rome II apply when dealing with vehicle accidents or third party rights against insurers is explored.
This Practice Note looks at the insurance contract provisions in Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose, escape routes and EU Member State derogation. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether Regulation (EC) 593/2008, Rome I or Regulation (EC) 864/2007, Rome II applies when dealing with vehicle accidents or third party rights against insurers is explored.
This Practice Note provides a guide to subrogation in the context of insurance. It explains the legal basis and purpose of subrogation and its practical application. This Practice Note provides guidance on how to distinguish rights of subrogation from other rights, such as assignment or contribution claims. It covers common situations such as subrogation against co-insureds and the application of express subrogation clauses or waiver of subrogation. It also explains the allocation of recoveries and the duty of the insured to co-operate with insurers.
This Practice Note considers waivers in the context of insurance underwriting and claims-handling, focusing on non-consumer insurance contracts. It considers waiver in the context of the duty of fair presentation, waiver by affirmation or election, waiver by estoppel, waiver in the context of a breach of a condition and an insurer’s reservation of rights.
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