Ben Sanders is a foreign qualified lawyer in the Insurance & Reinsurance practice of the London office. He joined Mayer Brown in 2015, having previously worked for an international insurance firm in its New Zealand offices.
Ben's work has primarily involved providing advice to insurers and reinsurers on policy coverage issues and assisting in the defence of claims made against insured professionals. This experience has included:
- Political risk / trade credit: advising political risk underwriters on claims arising out of terrorism related incidents in Iraq and Algeria. A notable instruction involved the issuing of arbitration proceedings (under the ARIAS Arbitration Rules) on behalf of reinsurers seeking declarations as to the validity of a reinsurance contract. Recently, Ben has been providing policy coverage advice to underwriters on trade credit claims arising out of the failure of a Moroccan based company.
- Professional indemnity: assisting in the defence of third party claims made against a range of insured professionals, including accountants, solicitors, surveyors, brokers and software developers. Recent cases include defending the auditors of offshore based investment companies which were placed into liquidation after allegedly suffering losses as a result of a substantial fraud and assisting an IT company in responding to claims of breaches of an ICT contract for the development of an online platform for a government department. He has also defended a number of third party claims brought in New Zealand against architects and structural engineers involved in "leaky buildings", in both the Weathertight Homes Tribunal and the High Court.
- First party property: in New Zealand, assisting underwriters respond to first party property and business interruption claims arising out of the Canterbury earthquakes, including being seconded to an underwriter as a claims handler, and providing advice on policy coverage. Ben was also involved in defending various proceedings brought by policyholders against underwriters arising out of the earthquakes, including acting as junior counsel in the High Court hearing of a NZD25 million material damage claim – the New Zealand Supreme Court upheld underwriters' position (Firm PI 1 Ltd v Zurich Australian Insurance Ltd and Body Corporate 398983  NZSC 147).
Ben has extensive litigation experience as sole or junior counsel in Tribunals and the High Court of New Zealand, including as a prosecutor for a regulatory board, and has assisted in appeals to the Court of Appeal and Supreme Court. In the UK, Ben has been involved in defending proceedings issued in the Commercial Court and has experience in alternative dispute resolution such as mediations and without prejudice settlement negotiations.