Cozen O’Connor: Tobin, Andrew J.

Andrew J. Tobin

Member

London

+44 (0)20 7864 2027

+44 (0)20 7283 2042

Recent Publication:

English Court Considers if U.S. Controlled Marine Insurers Must Pay Claim in Light of Sanctions [Alert]

Andrew Tobin and Marli Wildchut discuss a recent marine insurance case wherein London based but U.S. controlled insurers were ordered by an English court to pay a cargo insurance claim concerning Iran, under a policy governed by English Law, because the standard London Market sanctions exclusion clause did not provide them with a defense.

Andrew handles a broad range of insurance and reinsurance disputes, as well as subrogation and recovery matters, for the world’s leading insurers. He also handles general commercial litigation and arbitration and coordinates many other transatlantic legal issues with Cozen O’Connor’s offices in the United States.

Typical insurance instruction concern UK and international property, power & energy, machinery breakdown, marine, trade credit, political risks, surety, political violence, and high-value cargo and specie losses. Andrew regularly advises clients on policy language, UK, and U.S. regulation, trade sanctions, and other issues at the underwriting phase. Regarding political risk, trade credit, and political violence, Andrew acted for insurers in connection with the Ukrainian banking collapse of 2008, the Thailand riots of 2010, the Arab Spring, and the Yemen Civil War. Andrew has lectured on the insurance of political violence at many insurers, the British Institute of Comparative Law, and in New York and has co-authored a textbook on the insurance of political violence (War Risks and Terrorism, Insurance Institute of London, 2007).

Andrew has defended insurers in connection with multiple large and complex coverage disputes in overseas jurisdictions, especially regarding power, property, and engineering losses facultatively reinsured into the London market. He is well-versed in issues regarding claims control and co-operation and has handled cases in Chile, Venezuela, Brazil, Russia, Thailand, Bangladesh, Colombia, Peru, South Africa, China, Taiwan, and elsewhere. Claims often include losses at power stations, mines, and railways.

Andrew has provided decisive expert advice on issues of English law to appeal courts in Chile (power/reinsurance) and Moscow (specie/course of business at Lloyd’s). Within England, Andrew advises on a range of insurance disputes, including defending and preparing insurers with smaller matters, before the Financial Services Ombudsman.

Andrew has a long-standing interest in Russia, having been a student there in the 1990s, and has advised a range of businesses (including investment banks, insurers, and shipping businesses) with respect to their dealings with Russia. He also advises Russian businesses on their English law commercial contracts and has lectured regularly in Russia on questions of English commercial law, including at the British Embassy in Moscow, Ekaterinburg, St. Petersburg, and the Urals.

Andrew works closely with our U.S. lawyers and clients on a very wide range of transatlantic commercial disputes as well as non-contentious advice.

Experience

News

Andrew Tobin Discuses Turmoil Between Ukraine and Russia in Best’ Review

August 04, 2014

Andrew Tobin of the Global Insurance Department discusses the growing turmoil between Ukraine and Russia over a secession crisis on the Crimean Peninsula in Best’s Review. Andrew says, “This is a moving target and unless the situation gets diffused we can likely expect to see sanctions get tighter, which could spur claims.”

Andrew Tobin Speaks at British Russian Law Seminar

July 07, 2014

Andrew Tobin (London Law, London) spoke to Russian exporters at the 4th Annual Ekaterinburg English Law Seminar run by the British Consulate General and the British Russian Law Association. Andrew's topic was titled 'Arbitration or Litigation?'. Many Russian businesses trade, raise debt, and organize their ownership structures through English law.

Andrew Tobin Discusses How Underwriters Fear Criminal Liability as Moving Russian Sanctions Target Widens in Insurance Day

May 19, 2014

Andrew Tobin discusses how Underwriters Fear Criminal Liability as Moving Russian Sanctions Target Widens in Insurance Day. “Although the lists are relatively short at this stage, the nervousness about direction of sanctions causes concern and depresses appetite for Russian risks,” writes Tobin.

Leading Insurance Attorneys Join Cozen O’Connor in London

March 04, 2014

The hires cap a significant, year-long expansion of the firm’s London team, with a total of three new members and one associate since January 2013 which have nearly doubled the firm’s partner presence in the UK.

Publications

English Court Considers if U.S. Controlled Marine Insurers Must Pay Claim in Light of Sanctions [Alert]

December 03, 2018

Andrew Tobin and Marli Wildchut discuss a recent marine insurance case wherein London based but U.S. controlled insurers were ordered by an English court to pay a cargo insurance claim concerning Iran, under a policy governed by English Law, because the standard London Market sanctions exclusion clause did not provide them with a defense.

Contractors' All Risks Insurance: Where are the limits? A lesson from the Bahamas [Property Insurance Law Observer Blog]

March 05, 2018

In a rare foray into insurance law, London’s Privy Council considered the interpretation of a Contractors’ All Risk (CAR) policy in Sun Alliance (Bahamas) Ltd v Scandi Enterprises Ltd (Bahamas),[1] and overturned the decision of the Court of Appeal of the Bahamas. The Judicial Committee of the...

Conditions Precedent to Liability in Insurance Contracts Part One [Cozen O'Connor White Paper]

June 27, 2017

Andrew Tobin reviews selected recent cases from England, Scotland, the Republic of Ireland, and Singapore.

Conditions Precedent to Liability in Insurance Contracts Part Two [Cozen O'Connor White Paper]

June 27, 2017

This white paper is the second in a two-part series. In Part One, Andrew Tobin reviewed selected cases from England, Scotland, the Republic of Ireland, and Singapore. In Part Two, Andrew discusses the impact of the UK Insurance Act 2015 on conditions precedent.

The Failed Coup in Turkey Has Implications for Political Violence Insurers

July 21, 2016

Andrew Tobin of the Global Insurance Department discusses the turmoil in Turkey, and what it can mean for political violence insurers, in Insurance day.

Overview of Chinese Insurance Law [Global Insurance Alert]

June 08, 2016

Andrew Tobin and Marli Wildschut discuss the Chinese legal system. It is based on the civil law system that is structurally similar to Germany and France and there are some significant differences to English and U.S. law. London and other international insurers should be aware that Chinese law imposes greater obligations upon them than might typically be expected.

A Modern Look [Best's Review]

May 09, 2016

Andrew Tobin writes an Insight article in Best's Review. Updated English law will have global consequences when it takes effect this summer.

No Closure Yet on the Issue of Aggregation of Claims Against Solicitors [Global Insurance Alert]

May 03, 2016

The Court of Appeal in AIG Europe Ltd v OC320301 LLP has ordered a retrial of the question of whether actions brought by 214 investors in two failed holiday property schemes in Turkey and Morocco against the former International Law Partnership can be treated as a single claim by its professional indemnity insurer.

Taking Cover [Best's Review]

January 11, 2016

Andrew Tobin writes about the challenges of the political risk market.

UK Ban On Ransom Claims May Have Unintended Consequences [Law360]

December 08, 2014

Andrew Tobin of the Global Insurance Department, writes an article for Law360 on the UK Ban on Ransom Claims and the effects of it. “On Nov. 26, 2014, the British Home Secretary introduced the Counter-Terrorism and Security Bill to Parliament, part of which deals specifically with prohibiting the payment of insurance claims in respect of payments made in response to terrorist demands. The insurers of piracy, kidnap and ransom, and extortion policies will be particularly affected.”

Piracy, Kidnap & Ransom: UK To Ban Ransom Payments by Insurers, if Demanded by Terrorists [Global Insurance Alert]

December 01, 2014

On 26 November 2014 the British Home Secretary introduced the Counter-Terrorism and Security Bill to Parliament (the Bill), part of which deals specifically with prohibiting the payment of insurance claims in respect of payments made in response to terrorist demands. The insurers of Piracy, Kidnap and Ransom, and extortion policies will be particularly affected.

Test Your Knowledge on OFAC Sanctions [Beyond Borders Blog]

October 10, 2014

Global sanctions have shot up the scale of high risks to be prioritized by international companies and financial institutions, including real estate, corporate and trust service provider businesses. The battle against International terrorism and the prohibition of nuclear arms is top of the...

Taking Charge [Best's Review]

June 16, 2014

Andrew Tobin and Paul Dowsey of the Global Insurance Department, write about effective claims controls in facultative reinsurance in an article titled "Taking Charge" in Best's Review. Facultative business can give rise to conflicts between reinsurers and cedents in the handling of claims, particularly if the cedent is concerned with reputational risk and has no meaningful exposure.

Military Coup in Thailand – What Does It Mean for Insurers? [Property Casualty 360]

May 30, 2014

Andrew Tobin, a member of the Global Insurance Department in the London office, writes in Property Casualty 360 about the Military Coup in Thailand.

The Front Cover [Best's Review]

April 15, 2014

In this Best's Review article title "The Front Cover" Andrew Tobin discusses the London market insurers and the use of "fronted" facultative reinsurance.

Insurance Implications From Unrest In Ukraine [Law 360]

February 26, 2014

The unrest in the Ukraine between the protesters demanding the resignation of their President, Yanukovich fleeing the country and a warrant for his arrest situations are changing quickly and unexpectedly. This has proven to be a challenge for insurers to apply their policy terms to each loss.

Unrest In Ukraine – The Insurance Implications [Cozen O'Connor Whitepaper]

February 03, 2014

On 21 November 2013 protesters gathered in central Kiev to demand the resignation of President Yanukovich and his government following his sudden decision not to sign an Association and Free Trade Agreement with the European Union. By the end of January 2014 unrest had spread to other parts of Ukraine, leading to violent clashes, loss of life and damage to property.

New Insurance Law in Chile [Global Insurance Alert]

January 07, 2014

Chile’s new insurance law comes into force on 1 December 2013. The new rules replace those deriving from the 1865 Civil Code. We have summarised the general features of the new law.

Cozen O'Connor London Office 2013 Year in Review

December 30, 2013

The Cozen O’Connor London of is pleased to provide you with our 2013 Year In Review, a newsletter discussing select cases in insurance coverage, subrogation, dispute resolution and commercial matters.

Industry Sectors

Education

  • College of Law (London), Law, 1998
  • Inns of Court School of Law, Bar Vocational Course, summa cum laude, 1999
  • University College London, M.A., 1996
  • University College London, B.A., 1995

Awards & Honors

Ranked a "Super Lawyer" by Super Lawyers Magazine®, a Thomson Reuters business

  • England and Wales
  • Chairman of the Lloyd’s Flyfishing Society
  • Research Study Group Committee of the Insurance Institute of London
  • Honourable Society of the Inner Temple
  • The Law Society of England and Wales
  • British Russian Law Association
  • Flyfishers’ Club