Jason Francis
Jason.Francis@kennedyslaw.com
+971 4 350 3699
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Profile
Jason is an associate in the Dubai office of Kennedys, in the insurance and construction teams having qualified in South Africa in 2019 and has previously practiced in Johannesburg.
Jason specialises in insurance, reinsurance, front & back-end construction/engineering, commercial dispute resolution and arbitrations.
Jason has substantial experience advising insurers, reinsurers, insurance brokers and other intermediaries on insurance policies, coverage issues and reinsurance arrangements primarily in the context of dispute resolution as it relates to policy interpretation, claims handling, claims avoidance, defences, recoveries and subrogation. This experience covers and array of contentious and non-contentious matters in the Middle East, Europe and Africa.
Jason’s construction experience has related to contentious disputes concerning standard form construction and engineering contracts (FIDIC, ECC/NEC, JBCC, GCC) and bespoke/turn-key agreements - working with and advising employers, contractors, sub-contractors, the professional/technical teams of employers, employer's agents and engineers/experts.
His experience has also involved tenders and bids for the letting of specific works, bid bonds, construction guarantees, contract negotiation, implementation and execution over the entire cycle of a building or infrastructure project. He has advised clients on various types of construction arrangements - Private, PPP, BOT, BOOT, Design & Build and others.
Jason has advised in matters relating to the construction of residential property, shopping malls, underground and overhead parking lots, bridges, roads and rail.
Jason is registered by the Dubai Legal Affairs Department
Qualifications:
- South Africa – 2019
Work highlights
- Acting for global reinsurers and advising on the interpretation of both treaty and facultative reinsurances of primary policies issued in South Africa.
- Advising reinsurers on a Contractors All Risk Policy on claims brought by an employer and concessionaire arising out of the water ingress into underground high-speed train tunnels.
- Advised numerous insurers and policyholders on the review, negotiation and placement of E&O policies, contractor's all-risks policies, latent defects policies, D&O insurance policies, tax liability policies, property all-risks policies, third-party/liability cover, professional indemnity policies and W&I insurance policies.
- Representing a short-term insurer in a matter in which insurers alleged fraud by the insured and that the insured had set fire to his plant only two months after having doubled his sum insured. The matter concerned Reinstatement Value Conditions and related policy wording.
- Acted for an insured in several cases involving non-disclosure of previous medical treatment and drinking habits, interpretation of two-year suicide clause and inducement: all in the context of a repudiation by the issuer of the policy, one of the largest insurers in South Africa.
Construction and engineering
Insurance and reinsurance