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Insurance (and reinsurance - the insurance of insurers) is an integral part of commercial activity throughout the world. The insurance practices of top-end firms offer advice on a range of areas, including coverage disputes, investment management, documentation, mergers and acquisitions of insurers, and the transfer of books and business between insurers. Regulatory law governs matters such as the establishment and regulation of insurance companies throughout the world. Clients include insurers, reinsurers and UK insurance institutions, as well as major insured companies and their captive insurers. Fiona Hough qualified into the insurance team at DWF in 2010. Immune to the charms of the Bar, she knew from the get-go that the solicitors' life was for her: "I was aware of the difference between the two roles early on in my studies and knew straightaway that I didn't want to be a barrister. I enjoy being able to see a case through from start to finish and having direct client contact on a daily basis." Variety was assured during Fiona's training contract at DWF, as the firm operates a six (rather than the usual four) seat rotation, meaning that trainees get to dip their toes into a wider selection of practice areas before committing to an area on qualification. She explains: "It was great to be able to experience a wider range of seats and then have the opportunity to repeat the seat I intended to qualify into as my last seat, as I was able to build up a caseload before I started having to meet targets as a qualified lawyer. This certainly helped me to ease into life as a newly qualified." Insurance law encompasses a lot, but Fiona's own particular niche is occupational health insurance: "The work I do centres on employers' liability and public liability claims, with large loss claims (anything in the region of £25,000 up to several million pounds) being my team's bread and butter. Public liability and employer's liability claims involve personal injury (PI) claims, where people have suffered accidents at work or in a public place and are suing their employers or the occupier of the venue." As a defendant insurance solicitor, Fiona acts on behalf of the party that is being sued on instructions from its insurance company. A large proportion of her work involves considering potentially fraudulent elements to a case, which includes investigating whether the alleged incident actually occurred at all or whether the claimant is exaggerating their injuries. Fiona's team is one of several within the large insurance department at DWF, which includes divisions dealing with road traffic accidents, fraud rings, credit hire, catastrophic injury, fatal accidents, commercial insurance, insurance law, reinsurance and insured commercial litigation. Since Fiona handles defendant work, her main client contact is with insurance companies and the insured who is being sued. She describes how the process normally works: "If the insurers are unable to resolve a case prior to issue at court, DWF will be sent instructions to defend the case. We then investigate the claim to assess the position on liability - this involves interviewing witnesses to find out how the accident occurred and looking at the health and safety systems in place to see whether, for example, an adequate risk assessment had taken place. If the issue of liability can be resolved, the next step is to value quantum in an attempt to come to an adequate settlement and potentially avoid the need for trial. There are cost risks to our clients at all stages of a case, and therefore every tactical decision needs to be made with a commercial mind set." In the current economic climate, insurers are placing a great deal of emphasis on tackling fraudulent claims, so much of Fiona's work involves investigating the authenticity of a claim. "That's something I enjoy and find very interesting," she says. "On high-value claims, it can involve obtaining evidence from experts in various fields of medicine and accident investigation, reviewing surveillance evidence and using advanced technology to find out as much information as possible about how the accident occurred." If it is clear that the claim is genuine and the claimant is entitled to compensation, Fiona then investigates quantum to ensure that the amounts claimed are justified and to challenge items that would not be awarded by a judge. Sometimes she has to compare the claimant's injuries to other similar cases which have already been heard at trial and the Judicial Studies Board Guidelines on damages figures for various injuries. A recent success story saw her settle a case that had been pleaded very unrealistically at £250,000 for just £15,000 a mere four weeks before the trial, saving her client a considerable amount of money in terms of both damages and legal costs. One of the biggest challenges facing insurance solicitors in the future - and one of which wannabe insurance lawyers should take note - is the way that solicitors charge for their work. Fiona explains: "It's something that is constantly being reviewed by clients, who these days are all trying to keep legal costs to a minimum. There's an increasing emphasis on using fixed-fee agreements (as opposed to charging by the hour) in this type of work, and on capped fees (where clients allow you to incur costs up to a certain amount before having to seek authority to do further work). To remain competitive, it is clear that many law firms have taken the decision to outsource services such as secretarial work, typing and IT a lot more. These changes are something to be aware of if you're interested in becoming an insurance lawyer - not only because they will affect the industry you go into, but also because prospective employers will expect you to be clued up on the latest developments." Along with market nous, certain key traits will stand you in good stead in this field: "Good organisational skills are fundamentally important because in this area there are constant deadlines to meet - literally daily. You need to be able to organise your work well so that you can keep on top of your caseload and keep your clients happy. They will need to be kept informed at all stages of the case and therefore good communication skills are vital." Along with a formidable aptitude for planning and a calm demeanour, mental agility is a must: "Analytical thinking is a prerequisite for this job because you've got to make sure absolutely everything has been checked thoroughly before you make any tactical decisions about how to proceed with the case. You can't take a broad-brush approach - it's all in the detail and each case needs to be looked at on its own merits." Fiona describes her role as involving a considerable amount of advocacy and negotiation: "I attend a lot of court hearings on behalf of my clients, including case management conferences and applications, and I also represent clients at joint settlement meetings where the parties meet to try to negotiate an amicable settlement out of court. I really enjoy this aspect of the role, although it can be quite nerve-wracking as a trainee when you attend your first court hearing on your own!" Fiona's final tip for the top is to think carefully about the practice areas you might go into before beginning your training contract. "One thing I wish I'd known before I started out was how quickly my training would fly by! All of a sudden, you find yourself having to decide where to qualify. I'm really happy with my choice, but not everyone ends up in a field that suits them - the two years will be over quickly, so give your future plenty of thought early on." |
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