Paula advises on a wide range of contentious and non-contentious (including regulatory) insurance issues.
Paula has advised on some of the most significant developments in the insurance industry in the last 10 years including the establishment of Flood RE, the implementation of the IDD, renewal pricing, COVID-19 business interruption issues and product value. Her clients include insurers, insurance brokers and other insurance intermediaries and businesses outside the insurance sector.
Paula advised on the set-up and operation of Flood Re, the not-for-profit reinsurance fund owned and managed by the insurance industry for which Eversheds Sutherland was awarded Legal Business Insurance Team of the Year 2016.
She advises on the interpretation and application of the FCA Handbook in relation to the marketing and sale of insurance, and claims handling. She also has significant experience of advising businesses whose primary business is not insurance on regulatory issues arising from their involvement in the sale of insurance products, including the regulatory implications of doing so and the associated contractual documentation.
She also advises upon insurance-related regulatory investigations and recently assisted in the notification to the FCA and subsequent agreement of a redress scheme following the sale of insurance in breach of the FCA Handbook.
She has extensive experience in drafting and negotiating insurance market agreements, including binding authority agreements, distribution agreements and claims handling agreements. She has also drafted and negotiated insurance policy wordings in various classes of business, including consumer policy wordings. She drafted the motor and home policies sold by one of the UK's largest insurance brokers, underwritten by all their panel insurers.
She also advises upon risk transfer arrangements in relation to projects and bespoke insurance structures and the negotiation of transactional/project specific insurance policies, including W&I and environmental liability insurance.
Her contentious insurance work includes acting upon disputes in relation to policy coverage in a wide range of business lines, including product liability, warranty and indemnity, trade credit, CAR, Defective Title and business interruption and she also has significant experience in advising upon disputes upon insurance market agreements. She has extensive experience in court procedure, arbitration proceedings and mediation.
Paula was seconded to the financial services arm of one of the world's largest motor manufacturers.
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Recent experience includes:
- advising various entities as to whether their customer products are contracts of insurance and advising upon restructuring the products to ensure compliance within the UK regulatory framework
- acting on a multimillion-pound trade credit policy dispute, the facts of which arose out of the failure of one of the UK's major commodity suppliers
- acting for EU insurers in High Court proceedings in a multimillion-pound dispute in relation to claims handling arrangements for UK motor policies and in relation to a dispute concerning alleged wrongful termination of a binding authority agreement
- advising on the legal and regulatory implications of the establishment of a UK branch of an overseas insurer
- acting upon the investigation of an insurance broker into the conduct of one of the directors concerning potential fraud, FCA conduct breaches and customer detriment and advising upon FCA notification
- advising various companies in relation to the sale of insurance policies the type of which the FCA considered were valueless and which resulted in customer detriment, involving notification to the FCA, liaising with the FCA, culminating in reaching multimillion-pound remediation programme
- reviewing for a major insurance broker 150 commercial combined policies which were sold by the broker, including motor insurance, public liability, property-all-risks, goods in transit. The review was to ensure FCA compliance with unfair terms regulation, and the complaints and cancellation processes
Cases in which Paula has acted include:
- Bank of Scotland v Euclidian (no.1) Ltd [2007]
- Goshawk dedicated No.2 v the Governor and the Bank of Scotland [2006] 2 All ER 601
- Bedfordshire Policy Authority v DA Constable & Others [2008] EWHC 1375
- Hossein Mehjoo v Harben Barker [2014] STC 1470
- PM Law Ltd v Motorplus Limited & Others [2016] EWHC 193 (QB)
- PM Law Ltd v Motorplus Limited [2017] EWHC 1352 (Comm)
- The Legal 500 UK Recommended Lawyer 2014
- Firm award: Legal Business Insurance Team of the Year 2016