• Insurance Business Lines & Reinsurance Recoveries: We have successfully resolved some very large disputes in recent years, including two reinsurance cases taken to the Court of Appeal (arising out of the grounding of the Exxon Valdez, and the seizure of several aircraft during the Iraqi invasion of Kuwait). Most of our matters never reach Court or arbitration hearings – we find that negotiation and mediation can resolve most disputes, but the threat of litigation/arbitration is often needed to bring the parties together, or to provide the ultimate "backstop" to negotiations. We have a particularly successful track record in recovering reinsurance claims for clients, which relies upon our long experience of bringing and defending such claims, together with our tactical skills and flair.

• Trade finance – this is a particularly active area at the moment given market conditions.

• Political risks – again this area is very active, as a result of recently strong markets having allowed the development of "risky" locations.

• Marine and Energy – we have unparalleled experience worldwide in the Oil and Gas industry and in onshore and offshore energy matters, including cases in Australia, South America and South Africa, Norway, UAE, Israel, Mexico, Dominican Republic, Guatemala, UK, Ukraine, China, Indonesia, Hong Kong.

• Reinsurance treaty recoveries, proportional and non-proportional, marine, non-marine, life and aviation - we have strength and depth of knowledge and an enviable track record in successful reinsurance recoveries, which will be of considerable use to our clients in the current environment.

• Product liability.

• Accident and health (PA/WCA).

• Financial institutions.

• D&O.

• Professional indemnity – accountants, solicitors and barristers, insurance brokers, investment banks, construction professionals, estate agents, surveyors, architects, IT professionals.

• Ports and shipyards.

• Aviation.

• Contingency – film finance litigation for HIH, prize indemnity.

• K&R.

• Distribution

• Commercial Litigation: We are regularly called upon by clients to help them resolve commercial problems. We are currently advising a number of financial institutions on remedies available to them following write-downs on investments in Collateral Debt Obligations (CDO's), Credit Default Swaps (CDS's), Total Return Swaps (TRS's) and Structured Investment Vehicles (SIV's). Other topical commercial issues on which we are currently engaged are commodity trading disputes and refund guarantee and contract frustration issues in the ship construction industry.

• Ownership of Business: We have a very strong track record in preserving our clients' knowhow, trade secrets and business assets. We have advised recently on numerous cases in the US, UK, France and Greece. We have investigated fraud, diversion and breach of fiduciary duty in relation to binding authorities, lineslips and umbrella arrangements and taken asset preservation and repatriation steps in multiple jurisdictions to preserve our clients' assets. We have also dealt with ownership of business issues in the context of ownership of customer lists and databases, and in the application of restrictive covenants to business producers.

• New Product Development and Policy Drafting: We advise on the commercial, marketing and regulatory aspects of new product development, as well as policy wordings. Recently we have advised on:

• Development of an innovative cargo and transport wording.

• Development of energy (gas turbine) wordings.

• Development of IT focused products.

• Stress-testing and developing terrorism (political violence) wordings.

• Development of a systemic clash-cover wording.

• Drafting and developing D&O policies.

• Adequacy of cover under WELCAR, CAR, BI, general liability and EL wordings.

• Start Ups: We are regularly instructed to advise upon the establishment and licensing of insurance and reinsurance companies and syndicates at Lloyd's, as well as intermediaries.

• Lloyd's: HFW advises all participants in the Lloyd's market on wording and contract issues. We also advise corporate members and managing agents in respect of regulatory issues.

• Distribution: We advise on strategic stakes being taken by insurers in brokers. We advise insurance clients on the establishment of electronic sales processes in multiple jurisdictions including the US. We are regularly asked to draft, and advise on, the terms of key distribution agreements such as TOBAs, and affinity arrangements.

• Insurance Business Transfers: We are helping to transfer a UK book of business to a foreign jurisdiction, without individually novating thousands of policies, a transaction believed to be the first of its kind.

• Schemes of Arrangement: Our team regularly advises on legacy capital issues, including reinsurance architecture, run off structure and administration, and commutations.

• ART: We regularly advise on captive structures, self-insurance models and the development of hybrid capital products.

• Regulatory: We have excellent working relationships with regulators around the world, and recent regulatory work includes the establishment of insurers, reinsurers, underwriting agencies and intermediary businesses, the conduct of cross-border insurance business, including intermediation, passporting and branch establishment, the ongoing regulatory requirements, corporate governance and compliance issues including FSA and Lloyd’s of London, and structuring company insurance programmes and reinsurance structures.

• Corporate capital at Lloyds:  Our team acts for banks and insurance companies in relation to the provision of corporate capital at Lloyd's.

What we do Experience

• Acted for a Syndicate in relation to a US$135m reinsurance claim arising from a failure of a ship loader at Port Ashdod on the Dead Sea.

• Advising a global insurance company in relation to a range of civil liability and Directors & Officers (D&O) matters, covering a full range of matters - from breast implants, constructor's liabilities, electricity distribution, and Travel Tour Operators' liabilities to the Eurotunnel fire.

• Advising insurers in relation to coverage issues arising out of the Société Générale problems/employee fraud, which cost the bank €5bn.

• Acting for a Lloyds' broker and their E&O insurers who arranged insurances of a commercial aircraft which crashed in Guinea on Christmas day 2004 killing about 180 people. Proceedings commenced not only against London Market hull and liability insurers but also against the brokers to the airline. The proceedings are in Benin, Guinea, Lebanon and Libya. Coverage was denied on the basis of blatant breaches of policy terms and conditions with regard to (i) overloading of cargo (ii) overloading of passengers (iii) owners overruling the pilot's decision to abort take off and ordering take off to be continued.

• Advising a prominent accountancy practice in a substantial coverage dispute arising from refusal of underwriters to indemnify the firm for claims arising from tax schemes. The case also involved an associated brokers’ negligence action and a negligence claim. The case, which has attracted considerable insurance sector and legal media coverage, has reached the Court of Appeal and is significant because of its development of the law on notification requirements of professional indemnity policies.

• Acted for the captive insurers of a leading global energy company, in relation to a series of Property Damage/Business Interruption losses in 2007/8. The underlying claims have taken place in South America, South Africa and Australia and have a headline value of just under US$2bn. These are the largest ever series of losses to hit a mining captive insurance programme. As well as dealing with the inwards claims, we are dealing with around 40 reinsurers on the outwards claims. The reinsurers are based in London, Zurich, Munich, Singapore, Tokyo, Vancouver, Sydney and Lima. HFW offices in London, Melbourne and Singapore are heavily involved in this global claim.

• Acting for a major European bank in connection with various secured credit facilities granted by it to provide Funds at Lloyd's on behalf of its customers.

What we do Experience

• Insurance Business Lines & Reinsurance Recoveries: We have successfully resolved some very large disputes in recent years, including two reinsurance cases taken to the Court of Appeal (arising out of the grounding of the Exxon Valdez, and the seizure of several aircraft during the Iraqi invasion of Kuwait). Most of our matters never reach Court or arbitration hearings – we find that negotiation and mediation can resolve most disputes, but the threat of litigation/arbitration is often needed to bring the parties together, or to provide the ultimate "backstop" to negotiations. We have a particularly successful track record in recovering reinsurance claims for clients, which relies upon our long experience of bringing and defending such claims, together with our tactical skills and flair.

• Trade finance – this is a particularly active area at the moment given market conditions.

• Political risks – again this area is very active, as a result of recently strong markets having allowed the development of "risky" locations.

• Marine and Energy – we have unparalleled experience worldwide in the Oil and Gas industry and in onshore and offshore energy matters, including cases in Australia, South America and South Africa, Norway, UAE, Israel, Mexico, Dominican Republic, Guatemala, UK, Ukraine, China, Indonesia, Hong Kong.

• Reinsurance treaty recoveries, proportional and non-proportional, marine, non-marine, life and aviation - we have strength and depth of knowledge and an enviable track record in successful reinsurance recoveries, which will be of considerable use to our clients in the current environment.

• Product liability.

• Accident and health (PA/WCA).

• Financial institutions.

• D&O.

• Professional indemnity – accountants, solicitors and barristers, insurance brokers, investment banks, construction professionals, estate agents, surveyors, architects, IT professionals.

• Ports and shipyards.

• Aviation.

• Contingency – film finance litigation for HIH, prize indemnity.

• K&R.

• Distribution

• Commercial Litigation: We are regularly called upon by clients to help them resolve commercial problems. We are currently advising a number of financial institutions on remedies available to them following write-downs on investments in Collateral Debt Obligations (CDO's), Credit Default Swaps (CDS's), Total Return Swaps (TRS's) and Structured Investment Vehicles (SIV's). Other topical commercial issues on which we are currently engaged are commodity trading disputes and refund guarantee and contract frustration issues in the ship construction industry.

• Ownership of Business: We have a very strong track record in preserving our clients' knowhow, trade secrets and business assets. We have advised recently on numerous cases in the US, UK, France and Greece. We have investigated fraud, diversion and breach of fiduciary duty in relation to binding authorities, lineslips and umbrella arrangements and taken asset preservation and repatriation steps in multiple jurisdictions to preserve our clients' assets. We have also dealt with ownership of business issues in the context of ownership of customer lists and databases, and in the application of restrictive covenants to business producers.

• New Product Development and Policy Drafting: We advise on the commercial, marketing and regulatory aspects of new product development, as well as policy wordings. Recently we have advised on:

• Development of an innovative cargo and transport wording.

• Development of energy (gas turbine) wordings.

• Development of IT focused products.

• Stress-testing and developing terrorism (political violence) wordings.

• Development of a systemic clash-cover wording.

• Drafting and developing D&O policies.

• Adequacy of cover under WELCAR, CAR, BI, general liability and EL wordings.

• Start Ups: We are regularly instructed to advise upon the establishment and licensing of insurance and reinsurance companies and syndicates at Lloyd's, as well as intermediaries.

• Lloyd's: HFW advises all participants in the Lloyd's market on wording and contract issues. We also advise corporate members and managing agents in respect of regulatory issues.

• Distribution: We advise on strategic stakes being taken by insurers in brokers. We advise insurance clients on the establishment of electronic sales processes in multiple jurisdictions including the US. We are regularly asked to draft, and advise on, the terms of key distribution agreements such as TOBAs, and affinity arrangements.

• Insurance Business Transfers: We are helping to transfer a UK book of business to a foreign jurisdiction, without individually novating thousands of policies, a transaction believed to be the first of its kind.

• Schemes of Arrangement: Our team regularly advises on legacy capital issues, including reinsurance architecture, run off structure and administration, and commutations.

• ART: We regularly advise on captive structures, self-insurance models and the development of hybrid capital products.

• Regulatory: We have excellent working relationships with regulators around the world, and recent regulatory work includes the establishment of insurers, reinsurers, underwriting agencies and intermediary businesses, the conduct of cross-border insurance business, including intermediation, passporting and branch establishment, the ongoing regulatory requirements, corporate governance and compliance issues including FSA and Lloyd’s of London, and structuring company insurance programmes and reinsurance structures.

• Corporate capital at Lloyds:  Our team acts for banks and insurance companies in relation to the provision of corporate capital at Lloyd's.