Most Highly Regarded Firms: Insurance & Reinsurance 2008

• October 2008

• Insurance & Reinsurance

This edition of The International Who's Who of Insurance & Reinsurance Lawyers features 301 eminent practitioners from 34 countries.

Their practices will vary in the degree of specialisation and the clients they serve; some represent insurance underwriters, others act solely for reinsurers, intermediaries or corporate insureds.The matters they handle for clients can range from contentious to contractual, regulatory or general corporate matters. Some will be generalists. Though the practice emphases may differ, the quality of these lawyers' counsel and legal ability is universal.

The insurance industry is one of the most highly regulated in the financial world. The international insurance market has been affected by policy changes across a number of jurisdictions and this, coupled with difficult economic and market conditions, has resulted in a greater need for regulatory advice.

Lovells is an international firm with an unrivalled reputation for insurance and reinsurance work. The firm acted for Credit Suisse and Winterthur on the £3.1 billion sale of Churchill Insurance to the Royal Bank of Scotland, as well as acting for AMP Limited on the £4.9 billion demerger and London listing of HHG. With 12 practitioners selected, it is the best-represented firm in the book. We identify talent at the firm in Germany, Italy and the US, however it is in London that the firm is strongest. The "highly respected" Peter Taylor leads in the research and received nominations from clients and peers in many jurisdictions (he features in our breakdown of the most highly regarded practitioners, left). Taylor is both a litigator and a transactional lawyer who has advised reinsurers and cedents alike, concentrating on run-off issues and long-tail liability claims in the US and London markets, on behalf of London company market and overseas reinsurer clients. Taylor is joined by an extremely highly regarded contingent of London-based lawyers, including John Trotter, John Young, Christian Wells, John Powell and Robin Spencer. Jan Schroeder from Düsseldorf is the firm's representative in our Germany list, with Paolo Ricci and Leah Dunlop in Rome giving Lovells the most practitioners in the Italian research. Joe McCullough heads the US insurance and reinsurance practice and co-chairs the international reinsurance dispute resolution practice from the Chicago office. The group represents a large number of reinsurers and ceding companies in litigation and arbitration. McCullough is said to offer a "creative and commercial approach" to cases. His work in the sector led one prominent source to label him, "my number one lawyer in the state". Eric Haab is also in Chicago, "displays a quiet intellect" and comes recommended for complex reinsurance disputes. Haab has acted for cedents and reinsurers domestically and in London, continental Europe and Asia, many of which have been ‘bet the company' cases. David Alberts is the managing partner of Lovells' New York office and his practice covers a range of corporate, regulatory and advisory work for the life and non-life insurance industry.

Clyde & Co LLP made its name as a law firm in the shipping, road and aviation sectors. Soon after it was established in 1933, it gained a reputation for distinction in insurance and reinsurance work and over 60 of its partners work solely on insurance matters. The firm puts in a strong showing in this edition with eight practitioners on the following pages. Many of these practise in London and top of the list is the "legendary figure", Michael Payton. Payton has acted for underwriters and insurers in a number of the world's major international insurance problems, including the collapse of the US savings & loans industry, US environment and pollution claims in relation to the Exxon Valdez, and the 2007 outbreak of foot and mouth in the UK. He also appears in the most highly regarded individuals table. Nigel Brook, Stephen Lewis, Roderick Smith and Paul Bugden join Payton in our London list. Wayne Jones heads up the firm's insurance and reinsurance practice in the Middle East. He recently advised Gulf Reinsurance Limited, successfully obtaining authorisation from the Dubai finance regulator for it to start up as a reinsurer in the Dubai International Financial Centre. This represented a significant development in the growth of the insurance market in the region. Jones's other recent engagements include leading the Dubai government health insurance committee's compliance and regulatory task force, advising the first licensed insurance broker in the Qatar financial centre and representing the insurers in a litigation between a major UAE bank and agents in India. Joining him on these pages is the "excellent" Alec Emmerson, whose clients are widely distributed throughout Europe and the Middle East, and do business in the shipping, construction or energy industries. John Champion is a "very important" player in Singapore. His work on marine, energy, commercial and industrial insurance and reinsurance was noted; he is said to do "lots of reinsurance work for London syndicates".

DLA Piper also has a presence in our Singapore list thanks to Justyn Jagger, who is known for advising insureds, insurers and reinsurers on all aspects of non-marine insurance, and was consistently recommended during our research. He is one of six practitioners flying the flag for the international powerhouse. The "excellent" Michael Gill from DLA Phillips Fox in Australia heightens the firm's international credentials. Gill is a "real personality" and is one of the country's most highly nominated practitioners. He is also the chairman of the Insurance Industry Code Compliance Committee and vice president of the International Insurance Law Association. Bengt Kärde is chairman of the board and head of the insurance and reinsurance group at DLA Nordic. Kärde is one of the most recognised names in the country for insurance and reinsurance work. In the US, Stephen Schwab displays "excellent skills" according to one corporate respondent and he currently coordinates the firm's global insurance practice steering committee. His practice runs the gamut of contentious, regulatory and transactional matters. His work on insurance company insolvencies was mentioned on a number of occasions - one prominent lawyer labels him "an absolute star". David Mendelsohn, who like Schwab practises in Chicago, is similarly well regarded. He is "very good for transactional and regulatory work". Lawrence Brandes from New York is a seasoned reinsurance litigator, who has acted as counsel, arbitrator, umpire or expert witness in more than 500 reinsurance arbitrations and litigations. Known by his peers as a "real player", Brandes is also a frequent lecturer on reinsurance arbitration and litigation.

UNITED KINGDOM

The Financial Services Authority regulates the insurance industry in the UK, and the government's desire to reform the financial services industry has resulted in a large number of new regulations being issued. As a result, levels of work in this sector are high and the UK Bar remains strong. It is home to 39 practitioners in this edition.

Insurance and reinsurance is a core sector for Barlow Lyde & Gilbert LLP and the firm's lawyers performed extremely well in the UK research, staking its claim as one of Britain's strongest insurance practices. BLG is home to Colin Croly, winner of the Who's Who Legal Insurance & Reinsurance Lawyer of the Year Award 2008 (this is the third consecutive year that he has taken this title). Croly is the most highly nominated practitioner in the research and received a great many positive recommendations for being "the best in the business". He heads the firm's reinsurance and international risk team and is joined in this publication by partners Clive O'Connell, Tim Hardy and John Hanson. O'Connell put in an extremely strong performance in the research and features alongside Croly on our list of the most highly regarded lawyers.

Michael Mendelowitz left BLG in 2007 and moved to Norton Rose, where he heads the contentious insurance and reinsurance practice. Described as a "phenomenal lawyer" that clients and peers "think highly of". Mendelowitz boasts a broad insurance and reinsurance practice. He is joined in this edition by the head of the firm's corporate and regulatory insurance practice, James Bateson. Holman Fenwick Willan has its roots in the marine insurance industry and it provides three practitioners in this edition. All are based in London: Andrew Bandurka, Paul Wordley and John Duff - the firm's most nominated individual and an expert in all types of insurance dispute resolution.

The insurance and reinsurance practice at Ince & Co is led from its London office and is counted among the firm's core business areas. Peter Rogan is the firm's most highly nominated practitioner and he is well known for his work on litigation matters. Rogan stepped down as the firm's senior partner in 2008 and he now takes on a wider role within the market. The regard in which peers hold Rogan sees him listed among the area's most highly regarded individuals (opposite). Jan Heuvels also comes extremely highly recommended and heads the firm's reinsurance group. His practice places an emphasis on complex dispute resolution as well as non-contentious advice work and run-off solutions. Heuvels is the immediate past chair of the insurance committee of the International Bar Association (IBA). Allan Hepworth's practice benefits from his secondment to the reinsurance division of a major US carrier; his knowledge of the London market was also praised.

Clifford Chance LLP has four entries in London. Leading the way in terms of nominations is Katherine Coates, a lawyer with a "fantastic reputation for transactional work". Hilary Evenett also has a good reputation on the non-contentious side. Terry O'Neill works on disputes and non-contentious matters and was seen as one of the "pre-eminent experts in Europe". Nicholas Munday is a "prominent and respected lawyer", who heads the firm's UK litigation and dispute resolution practice and is group leader of the insurance litigation practice. Clifford Chance also has a transatlantic presence on our list, with three partners featuring from its New York office: Peter Chaffetz - a "big player" in the New York market - Steven Schwartz and Paul Meyer.

USA

A number of US-origin firms are also represented on our London list. Among Sidley Austin LLP's lawyers in this publication are two in the UK - Dorothy Cory-Wright (head of Sidley's London-based insurance and reinsurance litigation practice) and Nigel Montgomery. In the firm's Chicago heartland, Susan Stone is an "outstanding reinsurance litigator"; she co-heads the firm's global insurance and reinsurance disputes practice. James Stinson co-chairs the insurance and financial services group and leads the reinsurance and insurance insolvency practices. Kenneth Wylie is "first rate for regulatory matters" and William Sneed is "an outstanding litigator" and "very solid, a leader and well recognised in the sector", according to our sources. His dispute resolution work on behalf of reinsurers, receivers and ceding companies in the property and casualty and life and health arenas was brought to the attention of researchers.

Dewey & LeBoeuf LLP's most highly nominated individual practises in the London office. Francis Mackie is the co-chair of Dewey's insurance and reinsurance group and is well known for his dispute resolution work. With the inclusion of Jean Alisse in Paris and seven US nominees, Dewey is well represented in this edition. The firm's headquarters in New York houses its largest contingent of lawyers on our list: four in total. John Nonna is "excellent" and is well known for his participation in major reinsurance arbitrations. He is a Fellow of the American College of Trial Lawyers. Larry Schiffer is also another well-known name for insurance and reinsurance litigation, arbitration and mediation as well as a frequent writer in the area. The firm has a strong reputation for being "big on transactional work" - Donald Henderson typifies this strength. Henderson's practice sees him working on a combination of regulatory and M&A transactions centred on reinsurance. Lawrence Pollack is co-head of the firm's litigation department and boasts experience in all facets of marine and non-marine insurance and reinsurance matters. James Dwyer comes recommended as "strong for insurance company M&A". Dwyer splits his time between the firm's Chicago and New York offices and highlights include representing Munich Re Group in its acquisition of The Midland Company for US$1.3 billion. Mark Goodman joined Dewey & LeBoeuf LLP from Locke Lord Bissell & Liddell LLP in March 2008, bringing with him a reputation as "a very solid lawyer with an excellent transactional practice". Goodman is also strong on the regulatory aspects of the industry; his work for guarantee insurers was noted on a number of occasions. Dean Hansell from the Los Angeles office is the other representative of the firm in this book and is an "outstanding trial lawyer".

Edwards Angell Palmer & Dodge LLP also has great lawyers on either side of the Atlantic. One high-profile source told us that David Kendall at the firm's London office is "immensely respected". Kendall co-chairs the firm's insurance and reinsurance department and has extensive experience of Bermuda-form arbitrations in London. He also features on our breakdown of the research's most highly regarded lawyers. This is an accolade shared by Vincent Vitkowsky in New York - the firm's most highly nominated practitioner. Vitkowsky acts for clients such as AXA and Cavell. Nick Pearson is another "very competent lawyer" in the New York office. He has vast experience in a number of areas and has represented US and foreign insurers, reinsurers and producers since 1977. Alan Levin and John Rosenquest, who have solid reputations in Connecticut and nationwide, complete the picture at EAPD.

The October 2007 merger between Chicago-based national firm Lord Bissel & Brook LLP and Texan outfit Locke Lidell & Sapp PLLC created a 700-lawyer firm with offices in 11 US cities and London. The combined entity retains Lord Bissel's sterling reputation for insurance and reinsurance, and we feature seven of the firm's lawyers. Nick DiGiovanni leads the firm's reinsurance group and his "great" practice "stands out by a country mile", according to one source. Recommended as "very personable with strong interpersonal skills", DiGiovanni has been involved in many of the largest and most prominent reinsurance disputes. John Haarlow is a "top tier insurance coverage litigator" with 20 years' experience in the sector. He has handled a number of high-profile cases including the Dow Chemical environmental pollution and the Goodyear asbestos and pollution cases. Rivals also "think very highly of" Stephen Murray. Murray is said to be "great to work with and does a great job for his clients", which have included General Electric, Shell, Marathon Oil and Kraft. The "first-rate" John Gurley is "vastly experienced", according to sources who recommend him for his transactional and regulatory expertise. Jonathan Bank is "a big name in the industry" and "one of the premier reinsurance guys in California". Bank has strong industry credentials, having served as senior vice president of Tawa Associates. He is also involved in a number of arbitrations relating to the insurance industry. Bank worked on the recent acquisition of Bristol-West insurance by Farmers and the acquisition of Employer Direct Insurance by Alleghany. The firm also provides Brian Casey in Atlanta and William Kelty in Washington, DC, for our list.

Covington & Burling LLP has five US practitioners on the following pages. "Top drawer" Washington, DC, lawyer Mitchell Dolin is the firm's most highly nominated practitioner. John Buchanan and Marialuisa Gallozzi join him in the capital. San Francisco is home to David Goodwin who is well known as "good in the courtroom and a first-rate policyholder lawyer". Donald Brown is also well known for his work on behalf of policyholders - "I would give very high marks for his work on the policyholder side," remarked one source. Representative matters include acting as lead trial lawyer for ExxonMobil in its lawsuit against more than 100 insurers over coverage relating to environmental clean-up liabilities at thousands of sites. He has also represented companies such as Fibreboard and Morgan Stanley. Of the firm's insurance practice one source noted: "On the policyholder side, I most respect Covington & Burling for its commitment to problem solving."

Both practitioners from Simpson Thacher & Bartlett LLP on our list were extremely highly nominated and feature on our list of the most highly regarded individuals. Barry Ostrager is head of the litigation department at the firm and a "stand-out on anyone's list". He has served as lead trial counsel for Swiss Re in the high-profile insurance coverage dispute involving the 9/11 World Trade Center attacks and lead counsel for Hanwha in a multibillion-dollar dispute with the Korean government. Mary Kay Vyskocil is also a "renowned litigator" and is especially well versed in matters involving the financial services industry. Jerold Oshinsky from Dickstein Shapiro LLP is a "pre-eminent policyholders lawyer" and this reputation guarantees him a place on our shortlist of the area's most highly regarded lawyers. He is the only lawyer from Washington, DC, to make the grade. The firm also boasts the inclusion of "stand out" practitioner Kirk Pasich. Pasich's practice includes litigation and coverage advice to policyholders and he has also acted as an arbitrator.

EUROPE

A&L Goodbody is the dominant firm in the research for Ireland, with three representatives on our list, including its head of insurance, James Grennan. The firm has had a hand in some of Ireland's largest insurance transactions, including advising BUPA on the sale of its Irish health insurance business to Quinn-Direct, and Zurich Group on the centralisation of its global corporate insurance business to Ireland. Grennan is well regarded for his regulatory work, as is partner Margaret Stack. Stack worked with the Zurich Insurance Group on the reorganisation and expansion of its Irish operations and was also part of the team in the BUPA transaction. Eithne FitzGerald is the firm's final entry and is head of A&L Goodbody's corporate finance practice. Her knowledge of the insurance sector pertaining to non-contentious and regulatory matters was drawn to our attention.

Of the 13 practitioners selected for inclusion in Germany one firm is home to four. Bach Langheid & Dallmayr can also call on the services of the country's most highly nominated practitioner - Reinhard Dallmayr. Dallmayr is based in Munich and has a fantastic reputation for counselling insurers. Theo Langheid has a similarly strong standing in the market and is well known for his teaching. Peter Bach is also based in Cologne and is the firm's managing partner. Burkhard Jacoby represents the firm in Frankfurt.

Houthoff Buruma NV has twice the number of lawyers of its nearest competitors in the Netherlands list, with four partners making the grade. Hans Londonck Sluijk is the firm's and the country's most nominated practitioner. Sluijk was involved in the representation of the insurance industry in the lawsuit against the Netherlands with respect to the Enschede fireworks explosion. Peter Drion is "top tier" and the "man of the moment", according to one source. He is well known for his arbitration expertise and represented the trustees in the bankruptcy of KPNQwest in a high-profile arbitration regarding insurance coverage. Berry Jonk-van Wijk and Willem Hengeveld were also praised for their litigation experience.

Denmark's small yet healthy insurance market produces nine practitioners from six firms for our list. Georg Lett of Lett Lawfirm gained the most recommendations from his peers. He is "well known" and a "leader". Lett's colleague Pernille Sølling, who is also engaged in insurance litigation and arbitration, joins him in our book. Law firm Plesner also performed extremely well in the research with two partners featuring at the top end of the research - Mikael Rosenmejer and Torben Bondrop. Rosenmejer is chairman of the Danish Association for Insurance Law. He is also a member of the Presidential Council of the International Association for Insurance Law (of which he has previously been president). Bondrop is head of insurance and tort law and dispute resolution practice areas and he was also praised very highly during the research. Christian Bouckaert of Bouckaert Ormen Passemard Sportes BOPS is the "the best name by far" in France, according to one source. Bouckaert came highly recommended and appears in our breakdown of the practice area's elite. The most highly nominated practitioner in Spain, Jorge Angell from LC Rodrigo Abogados, joins him there.

BERMUDA

Bermuda is said to be "the world's risk capital" and nine lawyers from four firms feature from the offshore centre. Conyers Dill & Pearman takes the lion's share with four practitioners, including head of litigation Narinder Hargun (who features in our breakdown of the area's leading practitioners). Hargun is "well known and well respected" for reinsurance disputes. Robin Mayor and Charles Collis join him. Mayor is highly regarded for her insolvency-related insurance work and Collis for his skill in corporate and regulatory matters. The "excellent" Christopher Garrod is the final name from the firm on our list.

Jan Woloniecki and Rod Attride-Stirling from Attride-Stirling & Woloniecki have a formidable reputation in Bermuda and internationally. Described to researchers as "the insurance experts" and "the real deal" both partners occupy the top end of the research. Woloniecki is head of litigation at the firm and he is included on our breakdown of the area's most highly regarded individuals. Attride-Stirling was involved in Starr Excess Liability Insurance Co Ltd v General Reinsurance Corporation in 2007 as well as Discover Reinsurance Co Ltd v PEG Reinsurance Co Ltd.

REST OF THE WORLD

Two of Australia's largest corporate firms featured prominently in the research, fielding two practitioners each for our final list. Peter Mann is the "lead partner at Clayton Utz" and gained more nominations than any other lawyer in the country. As national head of the firm's insurance practice, Mann is internationally "well known" for his litigation experience. Nancy Milne is a consultant to the firm's Sydney office and is a "goldmine of knowledge on all aspects of insurance". Allens Arthur Robinson is represented by Oscar Shub and John Edmond. Shub is head of the firm's insurance and reinsurance group and possesses a reputation as a "seasoned litigator" and negotiator. Edmond boasts great experience in the Australian, London and US insurance and reinsurance markets, having handled matters before the English High Court, the Supreme Court of New South Wales and the Federal Court of Australia, as well as before arbitration panels in London and Sydney.

Levitan, Sharon & Co is a specialised insurance and reinsurance firm based in Israel. Both named partners appear in this edition. Rachel Levitan is the founder and a senior partner of the firm and her peers noted her expertise in the field of liability insurance. Peggy Sharon heads the firm's litigation department and has handled some landmark cases in Israel.

The majority of the talent in South Africa is split between two firms, Deneys Reitz Inc and Webber Wentzel, with both firm's fielding three practitioners each. Deneys Reitz chairman Michael Hart was described as "fantastic" and represents both companies and insurance bodies and acts for the professional association of Consulting Engineers and their insurers. Jeffrey Kron heads the corporate and commercial litigation department in the Johannesburg office and both Kron and Rob Otty were praised for their skill in the courtroom. Webber Wentzel provides our list with the names of Johann Scholtz, Lisa Swaine and Daniël Le Roux. Le Roux is well known for his work in the aviation sector and also deals frequently with professional indemnity, public liability, medical malpractice, and engineering and construction claims.

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