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Maxine Cupitt

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Maxine Cupitt is a partner in the Insurance and Reinsurance Group at CMS. She joined the firm in 1992, became a partner in 1999 and has worked with the insurance market for over 30 years.

Having defended various classes of professionals as the claims environment focused on each in turn; solicitors, accountants, surveyors, architects and computer consultants, she then specialised in the field of directors’ and officers’ liability and insurance as this emerged as a class in the UK in the early 1990s, defending claims against directors and providing coverage advice under D&O policies.

Rather more recently Maxine has been in the vanguard of another emerging class of insurance claims; arising under warranty & indemnity/transaction insurance, where she and her team are currently dealing with a sizeable portfolio of active claims.

Maxine also has extensive experience in assisting financial institutions, and individuals working in the financial markets, in managing and resolving disputes, including large scale and complex court proceedings and by way of mediation as well as acting for clients in regulatory investigations and enforcement actions. She also deals with wider implications FOS complaints.

As well as contentious and coverage work, Maxine advises on non contentious insurance matters including insurance programmes and policy wordings.

Maxine is a regular speaker at seminars and contributor to legal and trade publications. She sits on the firm’s Corporate Social Responsibility Committee.

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“She is the best person to turn to in a crisis; utterly calm and composed. And hard as nails with the other side”

Peer review

“My first port of call for guidance; she is very, very good at that”

Major General Insurer

"Excellent"

Legal 500

"My first port of call for guidance; she is very, very good at that"

Client, Major General Insurer

"Excellent"

Client Feedback, Legal 500

"Appointing CMS as our adviser was the single best decision we ever made"

CEO, leading commercial bank

Relevant experience

  • 10 directors and employees in Court of Appeal test case of Safeway Stores Ltd & Ors v Twigger & Ors on application of defence of ex turpi causa to claims for recovery against the defendant individuals arising from a quasi-criminal fine imposed on an entity.
  • W&I insurers in considering coverage in respect of a major buy-side W&I claim concerning asserted fraud of the Seller said to lead to inflated value of the target company; including acting in arbitration proceedings.
  • c. 100 IFAs, including the lead defendant, in complex and high value litigation brought by the FSCS in the wake of the insolvency of a major structured product provider.
  • A market of insurers in respect of coverage issues on a substantial D&O programme where the claim relates to allegations of securities law violations made by the FHFA.
  • W&I insurers on a wide range of coverage issues arising out of numerous W&I claims (made under buy-side and sell-side policies) in UK and non-UK jurisdictions including Poland, Slovakia, Spain, Denmark and Italy.
  • Representing an overseas and a UK bank in relation to internal and regulatory investigations in respect of asserted LIBOR and FX rigging.
  • Former directors of a major insolvent high street corporate in relation to claims by a Liquidator and disqualification proceedings.
  • Individuals in relation to an FRC investigation into setting of reserves at a Lloyd’s managing agent.
  • A major financial institution on crisis management; including litigation, dealings with the regulator, winding up and validation orders, following the fraud of a senior employee.
  • An insurer in seeking injunctive relief following discovery of a fraud by one of its salesmen.
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Education

  • 1986 – Law Society Finals – College of Law, London
  • 1985 – Common Professional Examination,College of Law, Chester
  • 1983 -  BA, English Language & Literature, University of Durham 
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4 December 2017
Risk Mat­ters: In­sur­ance Sec­tor Up­date (Winter 2017/18)
22/08/2016
In­creased trans­par­ency and en­gage­ment at re­new­al in gen­er­al in­sur­ance...
This month the Fin­an­cial Con­duct Au­thor­ity (FCA) has re­leased its fi­nal rules and guid­ance arising from its Con­sulta­tion Pa­per 15/41 of Decem­ber 2015 which fo­cused on in­creas­ing the levels of trans­par­ency and en­gage­ment, and there­fore avail­ab­il­ity of com­pet­i­tion,.
30/05/2014
CMS named ‘top over­all law firm for all leg­al deal­ings’...