Elizabeth Wheal

Elizabeth is a Senior Associate in Kennedys’ London office. She qualified in England and Wales in 1997. Elizabeth joined Kennedys in 2010.

Elizabeth advises insurers on large-scale and complex disputes with particular focus on financial lines, product liability and professional indemnity (PI) insurance. She has advised insurers and reinsurers on coverage aspects under product and public liability policies relating to medical devices, consumer products, silicosis and terrorism.  Elizabeth has also managed the defence of an aircraft component supplier facing litigation in London and North America.

She has been involved in a variety of work on behalf of PI and financial institution insurers. Her experience involves advising on coverage and defending claims by third parties against a range of professionals including insurance brokers, financial professionals and solicitors, both in the UK and offshore. She has also advised on directors’ and officers’ coverage and has monitored the defence of claims by third parties against policyholders.

Elizabeth has considerable experience of dispute resolution in the English courts, domestic and international arbitration and mediation.

She also advises insurers and reinsurers in run-off on coverage, disputes, exit strategies and transfers.

Elizabeth has been seconded to insurers and run-off managers in their claims and legal teams in the UK and abroad. She writes for the insurance press and lectures to clients on insurance coverage and run-off issues. 

She is a member of the Forum of Insurance Lawyers (FOIL).

Qualifications

  • Qualified in England and Wales in 1997

Work highlights

  • Managed an arbitration on behalf of a Bermudan carrier which had declined coverage in respect of claims arising from an allegedly defective medical product.
  • Advised London Market insurers on coverage in respect of claims by third parties under the Anti-Terrorism Act against a financial institution conducting business in New York. Claims valued at more than US$1 billion.
  • Advised a London reinsurer in respect of coverage under more than 20 years of reinsurance contracts for claims by mine workers in South Africa who had suffered silicosis and other lung injuries.
  • Managed the successful defence of Wikborg Rein in Haugesund and Narvik Kommunes v Depfa ACS Bank v Rein in Wikborg [2009 and 2010 Commercial Court and 2010 Court of Appeal]. 
  • Advised insurers on claims to protect commercial information from a coverholder, including securing an injunction to stop further use of the information in Hiscox v Dickson Manchester [2004].