2tg
Alison Green
Call: 1974
Mediator, Arbitrator
Expertise
Commercial Insurance & Reinsurance Private International Law Professional Negligence Property Damage
Qualifications
University College London LLB, LLM
Trained Mediator by Nottingham Law School
Appointments
Vice President of British Insurance Law Association (former Chairman)
Vice Chairman of the Bar Law Reform Committee
Chairman of the British Insurance Law Association Charitable Trust.
Practice Profile
Alison specialises in commercial law, in particular insurance and reinsurance law, professional negligence and private international law. She has extensive experience of insurance and reinsurance litigation on coverage and avoidance disputes involving a wide variety of covers. She is joint leader of the Insurance and Reinsurance Group of 2
Experience of major contractual disputes, including those involving points on international law, European Community Law and jurisdictional matters. She has also been instructed in cases involving restrictive practices and restraint of trade. She has developed a specialty in product liability cases, particularly those involving contaminated foods.
Extensive experience of insurance and reinsurance litigation before the Courts and before arbitrators. She has appeared for and advised major insurance and reinsurance companies, Lloyd’s underwriters, the Corporation of Lloyd’s, insurance brokers and insureds on a variety of covers, including aviation, marine, contractors all risks; contingency and cancellation insurance; fidelity, professional indemnity, public liability, property, products liability, directors and officers insurance; employers liability, bloodstock insurance, jewellers block coverage, permanent health insurance and legal expenses insurance. She has regularly been instructed to draft and re-draft policy wordings. She was recently instructed by Lloyd’s to provide independent expert evidence on the formation of insurance contracts at Lloyd’s for the purposes of an appeal being heard in the Court of Appeal in Sao Paulo, Brazil arising out of Lloyd’s contingency insurance.
Experienced in dealing with jurisdictional issues particularly those involving insurance and reinsurance contracts. She appeared in February 2009 for the successful respondent in the Court of Appeal in Novus Aviation v. Onur where the appellant contested the jurisdiction of the English Court in a dispute relating to millions of dollars due as a result of agreements being entered into for aviation wet leases.
Considerable experience of claims involving accountants, solicitors, stockbrokers, surveyors, engineers and financial advisers. Has particular expertise in claims involving insurance brokers and insurance intermediaries. For some years was a member of Lloyd’s pro bono disciplinary proceedings panel and was a member of the Disciplinary Panel of the Bar Council.
Experienced in property damage claims, particularly fire and flood. Initial experience gained as junior counsel in litigation arising out of the construction of the Kariba Dam. Regularly acts for insurers on subrogated actions following insurance claims.
Notable Cases
Novus Aviation v. Onur 2009 Acting for claimant in proceedings against a Turkish airline in a dispute where Novus contended that they were owed millions of dollars following renewal of a contract regarding payments due following the airline entering into aviation wet lease agreements with another foreign airline. Defendant sought to set aside permission to serve out of the jurisdiction on the ground that England was not the appropriate jurisdiction. Aikens J dismissed the Defendant’s application and the Court of Appeal dismissed the Defendant’s appeal (instructed by Jones Day)
Goldshield PLC v. RSA 2007 Acting for claimant in proceedings against Directors and Officers liability insurers and against brokers where there was a dispute about the limit of coverage at renewal which raised points of construction on policy and issues of negligence against brokers. Settled by mediation before trial which was listed for July 2007. (instructed by Cripps Harries Hall).
Flute v. Phoenix Life Ltd 2007 Acting for defendants in substantial permanent health insurance claim brought by former director of Independent Insurance Co. Settled by mediation shortly before trial which was listed for January 2008 (instructed by Swiss Re).
James Budgett Sugars Ltd v Norwich Union 2003 Lloyd’s Rep.I.R.69 Acting for defendant insurers on question of construction of products liability section in a commercial insurance policy. (instructed by Gouldens).
Bestquest Ltd v Regency Care Group and The Ecclesiastical Insurance Office Plc
(2003) Lloyd’s Rep.I.R.392 Appearing for claimants on issue regarding defendants’ solicitors’ failure to note their interest on an insurance policy for material damage and business interruption] (instructed by Adler and Co)
Kot Insurance Company Ltd v Oman National Insurance Company Ltd, High Court 2003
Appearing for reinsurer seeking sums due under retrocession contract relating to huge oil field in Gulf of Mexico, jurisdiction issue, interest recoverable pursuant to Mexican law with rate determined by English law. (instructed by Gouldens).
Parker v Harman International Industries Ltd [2003], High Court Appearing for defendant company on dispute concerning the construction of earn out provisions in an agreement for purchase of a company. (instructed by Shammah Nicolls)
Stowers v GA Bonus PLC, and Helm Brokers Ltd [2003] Lloyd’s Rep.I.R.402
Acting for defendant insurers who had avoided a commercial insurance contract for material misrepresentation and non-disclosure regarding claimant’s claims history. (instructed by Gouldens)
Sarwar v Allam [2002] 1 WLR125 Providing submissions on behalf of legal expenses insurers for consideration by the Court of Appeal (instructed by Lyons Davidson)
Lonrho Exports Ltd v Export Credits Guarantee Department [1996], 2 Lloyd's Rep 649. Acting for claimant company against ECGD who had acted as agent to recover uninsured losses as well as insured losses from Zambian Government. Case concerned insurance, subrogation, holding insurance recoveries on trust, and State immunity. (instructed by Cameron McKenna)
Somer v General Accident Life Assurance Ltd [1996 High Court], Acting for insurers on permanent health insurance, policy interpretation. (instructed by Pinsent Curtis)
Denby v The Hellenic Mediterranean Lines Co Ltd [1994] 1 Lloyd's Rep 320. Acting for shipping company who took out insurance against cancellation of tickets and reduced income by reason of threatened hostilities of first Gulf War. Case concerned Lloyd's marine form and jurisdiction. (instructed by Holman Fenwick)
Lloyd’s Names Litigation: [early 1990s] Appearing on behalf of London Market Claims Service and intervening in various Lloyd’s Names’ cases before the High Court, including that of Sir Quentin Charles-Agnew; Sommerville and others v Willis Faber & Dumas Agencies Ltd and Hallam Eames and others v. Merrett (instructed by Barlow Lyde & Gilbert)
Lysander Ltd v. Ableman Shaw and Another, [1991 High Court] Appearing on behalf of accountants who were allegedly negligent in relation to advice on offshore trust(instructed by Gouldens).
Impac Plc v. Dorler and others [1988] Court of Appeal and High Court. Appearing for company bringing proceedings against former employees regarding their contact with former clients and their disclosure of business secrets (instructed by Davies Arnold Cooper).
Barber v Lloyd's Underwriters [1987] QB 103 Appearing for Lloyd’s underwriters requested to give depositions by video tape. Case concerned obtaining evidence by video tape from insurers for US courts and procedure. (instructed by Barlow Lyde & Gilbert).
GAICO v Administration of State Insurances and others [1984] High Court instructed on behalf of retrocessionaires in retrocession of marine reinsurance - litigation following on from Home Insurance Co v. ADAS] (instructed by Barlow Lyde & Gilbert)
Home Insurance Co v Administration of State Insurances and others [1983] High Court Instructed on behalf of reinsurers in major reinsurance litigation regarding a North American pool and quota share reinsurance. (instructed by Barlow Lyde & Gilbert)
PMMI v Unigard [1978] High Court instructed on behalf of the plaintiff in dispute involving reinsurance of world’s major airlines involving serious allegations against reinsurance brokers.(instructed by Barlow Lyde & Gilbert).
Additional Information
Affiliations:
- Commercial Bar Association (COMBAR)
- Professional Negligence Bar Association (PNBA)
- British Insurance Law Association
- Chartered Insurance Institute
- Member of A.I.D.A. Reinsurance and Arbitration Society (UK) Insurance
Awards:
- Middle Temple Robert Garraway Pupillage Award
- Belgium Government Scholarship
- University of Louvain, Belgium, certificate, then assistant at De Bandt Van Gerven, Brussels (now part of Linklaters)
Examiner:
- Sits as examiner in large scale U.S. commercial litigation requiring evidence by way of depositions in the UK, particularly those involving insurance and reinsurance disputes
Publications:
- Insurance Contract Law by Professor Merkin, joint editorial adviser with John Butler.
- Insurance Law: An Introduction, co-contributor, published by Informa, 2007
- Terms of Insurance Agreements Module, published by Informa, 2004.
- Construction and Engineering Law Journal, Editorial Board 1996-2004
- UK News Correspondent for International Insurance Law Review 1995-1998
- Editor of European Community and Human Rights sections of Current Law 1985-1996
- Chaired working party on Reform of the Third Parties (Rights against Insurers) Act 1930 and on Reform of the Duty of Utmost Good Faith, which produced reports for the Law Commission. Also chaired working party on Conditional Fees.
- Numerous articles on Insurance Law and European Community Law for International Insurance Law Review, The International Journal of Insurance Law, BILA Journal, Insurance Day and European Law Review. Recent articles include: “New Rights for Third Parties” British Insurance Law Association Journal, 2000, Reform of the Third Parties (Rights against Insurers) Act 1930 article for Insurance Day 2003, Drake Insurance Plc v. Provident Insurance Plc BILA Journal 2005
Lectures:
- Formerly a law lecturer at University of Surrey (1977-78), tutor at Queen Mary’s College London (1978-79) and University College London (1979-81)
- Chaired and spoken at Professional Conferences on insurance, reinsurance law and professional liability, lectured at Universities, at Lloyd’s and to firms of solicitors.
- Professional Conferences, chaired or spoken at in 2008 and 2009:, Reinsurance Contract Wordings, , Reinsurance Claims and Run-Off, Handling Motor Insurance Claims, Directors and Officers Liability Insurance
Videos and Podcasts:
Provided a video talk on reinsurance law (1990)
Provided a podcast on reform of Third Parties (Rights against Insurers) Act (2009)
Languages:
- Fluent French and German
