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Portrait of Alaina Wadsworth

Alaina Wadsworth

Partner
Solicitor Advocate

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

Alaina is a partner and solicitor advocate in CMS’s Insurance and Reinsurance Group having trained at the firm and qualified in 2009.  She is ranked as a Rising Star in Insurance Law by Super Lawyers and Expert Guides.

She specialises in advising on insurance and reinsurance disputes and coverage with a particular focus on healthcare, aviation and a broad range of professional negligence claims (particularly insurance brokers).

She regularly advises on heavy weight litigation matters as well as international and cross-border disputes, utilising her foreign language skills, and was involved in one of the largest negligence claims of recent years defending a leading broking house where the claims, valued at worth half a billion dollars, concerned an all risks policy placed into the specie market.

Alaina has completed three extended secondments; one as an aviation claims adjuster to a major insurer and aviation market lead and two to the legal teams of leading insurance brokers.

In addition to her contentious practice, Alaina advises on non-contentious insurance issues such as policy drafting and wording reviews and insurance contractual documentation such as coverholder arrangements, SLAs, TOBAs and broker transfers. Having undertaken numerous policy drafting and wording reviews and regularly spoken on the topic, Alaina is well versed in advising on the impact of the Consumer, Insurance and Enterprise Acts.

She is a contributing partner to the leading text Insurance Broking Practice and the Law.

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Education

  • 2012 – Higher Rights of Audience, BPP, London
  • 2007 – LLB, College of Law, London
  • 2007 – Legal Practice Course, College of Law, London
  • 2006 – Graduate Diploma in Law, College of Law, London
  • 2005 – BA Hons French and Spanish, Cardiff University, London
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22/03/2017
In­sur­ance: in­surer li­able for de­fence costs where only un­in­sured claims...
The High Court has made a non-party costs or­der against an in­surer in re­spect of un­in­sured claims. Back­ground The de­fend­ant, Trans­form Med­ic­al Group, faced 426 claims brought against it for the sup­ply of de­fect­ive breast im­plants as part of the P
04/09/2017
lnsur­ance claims: Co-op­er­a­tion and in­surer­'s duty to make clear when in­form­a­tion...
The Court of Ap­peal has held that in­surers could not es­cape li­ab­il­ity by re­ly­ing on breach of a con­di­tion pre­ced­ent as they had had a duty to tell the in­sured that they re­garded doc­u­ments as out­stand­ing. Back­ground The claimants were a hold­ing comp
12/08/2016
In­sur­ance Act 2015: now in force
The main pro­vi­sions of the In­sur­ance Act 2015 come in­to force today. With the con­sumer in­sur­ance re­forms that came in­to force in 2013, this rep­res­ents the biggest shake up of in­sur­ance law in over 100 years. The ma­jor­ity of the changes in­tro­duced by

Feed

03/05/2022
Pro­fes­sion­al In­dem­nity Video Series 2022
The pro­fes­sion­al in­dem­nity mar­ket is more act­ive than ever be­fore. This series of bites­ize videos, presen­ted by mem­bers of our In­sur­ance and Re­in­sur­ance Group, is de­signed to help you un­der­stand the re­cent trends and nav­ig­ate the risks and pit­falls of pro­fes­sion­al in­dem­nity in­sur­ance from the per­spect­ive of the fol­low­ing mar­kets and sec­tors:Con­struc­tion Brokers Sur­vey­ors­SIPP op­er­at­orsSo­li­cit­ors
11/03/2022
Im­pact of Rus­si­an sanc­tions on the avi­ation in­dustry – up­date on UK Sanc­tions
Fol­low­ing an an­nounce­ment on 3 March, the UK Gov­ern­ment pub­lished le­gis­la­tion im­ple­ment­ing new sanc­tions re­lat­ing to the avi­ation in­dustry.  The Rus­sia (Sanc­tions) (EU Exit) (Amend­ment) (No.6) Reg­u­la­tions...
04/03/2022
Im­pact of Rus­si­an sanc­tions on the avi­ation in­dustry
On 25 Feb­ru­ary 2022, fol­low­ing the Rus­si­an in­va­sion of Ukraine,  the EU in­tro­duced a ban on cer­tain ex­ports in­to Rus­sia im­pact­ing the avi­ation and the space in­dustry. The EU has pro­hib­ited the pro­vi­sion...
24/03/2022
CMS Pro­fes­sion­al In­dem­nity In­sur­ance Sem­in­ar
Our an­nu­al pro­fes­sion­al in­dem­nity event for in­sur­ance pro­fes­sion­als took place in Can­non Place on Thursday 24 March 2022. A video re­cord­ing of the event is now avail­able to watch here.As usu­al, the event ...
08/12/2021
Avi­ation - clear­er skies ahead?
The last couple of years have been a tur­bu­lent time for the avi­ation in­dustry as a res­ult of both the pan­dem­ic and in­creas­ing en­vir­on­ment­al con­cerns.This re­port from Leg­al Flight­path – CMS Avi­ation...
27/10/2021
In­sur­ance Act 2015: ma­ter­i­al cir­cum­stance, mor­al haz­ard and the duty of...
In one of the first re­por­ted de­cisions un­der the In­sur­ance Act in the High Court, an in­surer has suc­cess­fully de­fen­ded an ac­tion for avoid­ing a BI policy from in­cep­tion and a CAR policy from re­new­al. ...
22/10/2021
Gate wide open but play by the rules: Su­preme Court provides defin­it­ive...
The Su­preme Court has de­livered clear guid­ance on the tort gate­way and the treat­ment of for­eign law cases. The in­ter­pret­a­tion of dam­age is giv­en a broad mean­ing and how the pre­sump­tion of sim­il­ar­ity op­er­ates...
19/10/2021
Un­con­tro­ver­ted Ex­pert Evid­ence – a Prom­ising De­cision for De­fend­ants 
A re­cent Court of Ap­peal judg­ment on a hol­i­day sick­ness claim has provided some clar­ity re­gard­ing the prop­er ap­proach to­wards un­con­tro­ver­ted ex­pert evid­ence. In Grif­fiths v TUI UK Lim­ited [2021] EW­CA...
05/10/2021
Pro­pos­al forms – risk of waiver of ma­ter­i­al in­form­a­tion
The High Court has set out the prin­ciples that ap­ply to the con­struc­tion of ques­tions in an in­surer’s auto­mated on­line un­der­writ­ing sys­tem and the cir­cum­stances in which an in­surer’s ques­tions may...
05/08/2021
Pack­age hol­i­day pro­vider li­able for acts of hotel em­ploy­ee
Re­cent cla­ri­fic­a­tion from the Court of Justice of the European Uni­on has brought clos­ure to the UK Su­preme Court de­cision in X v Kuoni Travel Lim­ited. The UK­SC found that the pro­vider of a pack­age hol­i­day...
14/07/2021
Joint re­tain­ers: suc­cessors in title en­titled to the same leg­al priv­ilege...
The Court of Ap­peal ap­plied the leg­al prin­ciples of joint re­tain­er priv­ilege and up­held the High Court or­der for the dis­clos­ure of doc­u­ments to the in­sured’s suc­cessor in title. The case con­cerned a...
28/05/2021
Con­sumer in­sur­ance: in­surers’ rem­ed­ies for mis­rep­res­ent­a­tion 
In one of the few re­por­ted cases de­cided un­der the Con­sumer In­sur­ance (Dis­clos­ure and Rep­res­ent­a­tions) Act 2012, the Com­mer­cial Court has held that an in­surer was en­titled to avoid a policy of in­sur­ance...