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David Kendall

David Kendall

Edwards Wildman Palmer UK LLP
Partner
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    • London Tel +44 (0) 20 7556 4529 | Fax +44 (0) 20 7716 3676

    David has been with the firm since 1988 and is co-chair of Edwards Wildman Palmer's international Insurance & Reinsurance Department. He focuses on all aspects of insurance and reinsurance, including coverage, run-off and insolvency. His cases include insurance coverage disputes, (including third party liability, marine, financial institution, political risk, D&O and property insurance), reinsurance disputes, insurance/reinsurance run-off and insolvency, arbitration and commercial court litigation. He has extensive experience of Bermuda form arbitrations in London.

    David was elected Chairman of the British Insurance Law Association in October 2012.

    David is currently listed in three Legal Media Group 'Guide to the World's Leading Lawyers' publications, specifically: 'Litigation and Product Liability (2012)'; 'Insurance and Reinsurance Lawyers (2013)' and 'Best of the Best (2011) (Insurance and Reinsurance)'. The latter notes David as being amongst the top 10 legal practitioners for the insurance industry in the UK and one of the top 35 practitioners worldwide.

    David is also noted in the current edition of the established legal directory The Legal 500 (UK) as being a 'Leading Individual' in the field of Insurance and Reinsurance Litigation and, to quote the publication, is 'one of the best around'. In Chambers & Partners Guides to the World's Leading Lawyers (UK), he is ranked in the top tier (Band 1) in the categories of Insurance: General Claims and Insurance: Reinsurance. David is also named as a leader in the field of insurance by the legal directory 'UK Legal Experts 2011' and is listed in 'The International Who's Who of Business Lawyers' - Insurance & Reinsurance 2011'.

    David is described as "a market leader for direct insurance and reinsurance disputes" in Chambers UK 2012.  Clients say: "He has very good technical knowledge and is pleasant to deal with. We are confident in his advice". The directory cites David as being "clearly one of the top lawyers across the board" and states that industry sources have "a tremendous amount of respect for his knowledge and capabilities".  

    David is also included in the latest edition of ‘Best Lawyers in the United Kingdom’ for Insurance Law work.

    All of these publications are based on independent research processes.

    • David has represented insurers in many Bermuda form arbitrations in London and Bermuda concerning coverage for matters including plant explosions; product liability for herbicides, pesticides, drugs, cars and medical implants; D&O liability for failed banks, fraud and nuclear generators; pollution; oil rigs; and medical malpractice.

    • David has acted in many insurance and reinsurance insolvencies, including: KWELM; English & American; Sovereign; Highlands and Lehman Re. He represented Lloyd's Syndicate 991 in the ground-breaking litigation concerning jurisdiction in insolvency matters culminating in the Supreme Court judgment in New Cap Re v. A.E.Grant [2012] UKSC 46. This case was ranked in The Lawyer Top 20 cases for 2012.

    • David acted for AXA Group Companies in advising on insurance and reinsurance coverage issues and disputes in relation to numerous London court cases and arbitrations arising out of AXA's participation in film finance risks. These cases involved David in two hearings in the Court of Appeal and one in the House of Lords (HIH v Chase Manhattan [2001] Lloyd's Rep IR 230) and in monitoring litigation in France, the United States and Australia.

    • David has been representing various reinsurers in London arbitrations concerning personal accident reinsurance, and insurers in product liability and professional indemnity coverage disputes, including for the successful insurers in the landmark decision of Lumbermen's Mutual Casualty Company v Bovis Lease Lend [2005] I Lloyd's Rep 494.

    • David acted for Lloyd's in its 1987 settlement with 2,500 PCW Names and for Lloyd's and Lioncover in establishing the right of PCW syndicates to collect under an extensive and complex reinsurance programme: Court of Appeal decision reported at [1996] 1 Lloyd's Rep 241.

    • David acted for the local companies and public shareholders in the 8-month BFMIC v BF&M trial in Bermuda in 1999.

    Before Edwards Wildman

    David was head of the insurance department at DJ Freeman from 1990 and became senior partner of Kendall Freeman in May 2003. He held both these positions until the firm merged on 1 January 2008 and then later became known as Edwards Wildman on 1 October 2011.

    Besides Edwards Wildman

    When not practising law, David enjoys playing tennis, woodworking (he makes his own furniture), hiking and reading.

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