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Tomás Mac Gearailt, Senior Associate

Tomás Mac Gearailt

Senior Associate

Languages

Irish – Native Speaker Spanish - Basic

Practice areas

  • Insurance and reinsurance
  • Litigation and dispute management

Practice notes

Tomás is dual-qualified Senior Associate in our Insurance and Reinsurance team. He advises on all aspects of insurance and reinsurance coverage issues and has particular expertise in litigating high-value insurance and reinsurance disputes in the Commercial Court. Tomás regularly acts for professional firms across several disciplines on claims alleging breach of professional duty. He also defends insurers and major insurance brokers on complex, multi-jurisdictional claims. Tomás has significant experience in dealing with multifaceted intra-market disputes involving binding authority agreements and PCCs. He has also acted in high-value property damage, political violence and trade credit related insurance and reinsurance claims in the UK and abroad.

Tomás' recent work includes:

  • defending international broker’s position in respect of a $32million fraud claim relating to counterfeit metal warrants used as title documents in various spot purchase contracts for the sale of nickel purportedly stored in an LME approved warehouses in Malaysia and South Korea;
  • defending a reinsurance broker in relation to a Commercial Court dispute (value circa $21 million) following a claim under a War, Terrorism and Political Violence Insurance Policy due to losses suffered during the Battle of Aleppo;
  • running a multi-million pound claim relating to a motor insurance dispute under various binding/coverholder agreements surrounding Third Party Administrator performance of claims handling functions. Acting for insurers who are seeking to recover losses suffered as a result of these issues, using sampling of files and actuarial expert analysis to extrapolate losses across a portfolio of business;
  • advising on a coverage dispute (value circa £33 million) in relation to a claim for existing first party property damage following damage caused to an umbilical during trenching works resulting in the loss of production of oil and gas in the North Sea;
  • advising on a political violence reinsurance dispute in relation to cover for an oil refinery in Angola, including force majeure issues relating to the Central Bank of Angola;
  • advising on sovereign debt trade credit insurance wrapper to cover potential default of Caribbean Nation State following ICSID arbitration
  • advising on the adequacy of an excess layer tower of Investment Management Insurance for a significant investment funds management company. This was part of a wider global wordings review;
  • carrying out a significant cross border review of various remuneration structures for an international insurance intermediary in 17 jurisdictions;
  • assisting insurers in the defence of a multi-million pound Aviation Liability and Crew Personal Accident Insurance claim spanning multiple jurisdictions (including Spain, Gibraltar, Guernsey, the Philippines and England & Wales) following a fatal aviation accident;
  • advising Japanese conglomerate in relation to a trade credit policy following a fraud in an ex-works sale contract chain
  • advising insurers with regard to a significant number of claims on insurance policies covering high profile litigants arising out of tax avoidance schemes in the UK which the Upper Tribunal Tax and Chancery Chamber found to be ineffective;
  • assisting run off managers of professional indemnity insurers with arbitration proceedings seeking a declaration of valid declinature of cover, including assignment of rights and legacy issues;
  • acting in professional negligence Commercial Court proceedings against an insurance broker following a declinature of cover for non-disclosure at renewal, resulting in losses following a significant fire at an iconic building being left uninsured.

Tomás has achieved recognition as a “key lawyer” in the Professional Negligence section of Legal 500. He holds a (BCL) law degree from University College Dublin and a masters in Criminology and Criminal Justice (First Class Honours Thesis) (LLM, Crim) from the same University. Tomás is a member of the British Insurance Law Association and the London Market Association.

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