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Portrait ofEd Foss

Ed Foss

Partner

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

Ed Foss is a partner in the Insurance and Reinsurance Group at CMS. Ed has over 20 years’ experience advising insurers and insurance brokers on liability issues as well as acting for other professionals and their insurers, in particular solicitors firms. Before joining CMS as a partner in 2008, Ed spent 7 years as the Group Legal Adviser to a major international insurance broker. Prior to that he trained and became a partner at another recognised insurance firm. Ed blends his legal experience with a practical and first-hand knowledge of the insurance market.

Ed is particularly well known for his work on liability issues for insurance brokers and solicitors firms and their insurers. Ed acts for many of the major international insurance brokers and large law firms offers a unique legal and practical insight into the exposures these clients face and how best to mitigate them. Ed also acts on behalf of other professionals and Directors & Officers (both defence and coverage) as well as advising on reinsurance issues.

Ed is recommended in both the Legal 500 and Chambers and was a committee member of the British Insurance Law Association for many years.

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"He fights for his clients but does it with a lightness of touch and a sense of humour."

Chambers, 2021

"A very good lawyer with a good reputation."

Chambers, 2021

"He is a very strong advocate for his clients and fights to the end."

Chambers, 2021

"He is someone who has your back constantly and who is always thinking about how best to manage internal stakeholders."

Chambers, 2020

Interviewees praise “his excellent subject area knowledge and strong commercial sense”. “Ed knows the market inside out”.

Chambers, 2015

Ed Foss “knows the law backwards, and is ingenious”.

Legal 500, 2015

Relevant experience

  • Simmons & Simmons LLP in the case of Hinkel -v- Simmons & Simmons LLP (CH-2020-000134).
  • Dentons in the case of Link ATL Pension Trustees Ltd and others -v- Sedgwick Financial Services Limited and others (BL-2018-000525).
  • Womble Bond Dickinson in the case of Philip Day -v- WBD (QB-2018-003709).
  • The producing broker in the case of Involnert Management Inc –v- Aprilgrange & Ors [2015] EWHC 2225 (Comm).
  • Agnew Higgins Pickering Ltd in the case of Gard Marine & Energy Ltd –v- Lloyd Tunnicliffe & Ors [2010] EWCA Civ 1052.
  • Heath Lambert in the case of ICSOP –v- Heath Lambert Ltd.
  • Aon UK Ltd in the case of Eastcap Limited –v- Aon UK Ltd.
  • The defendant brokers in the case of Kitty Hawk Co Ltd –v- JLT Speciality Ltd/Lloyd & Partners Ltd.
  • Curzon Insurance in the recent Federal Mogul asbestos case.
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Memberships & Roles

  • Member, British Insurance Law Association
  • Former Committee Member, British Insurance Law Association
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Publications

  • Countdown to Insurance Reform – Insurance Day 22.7.15
  • A New Regime for Insurance Contract Law – Kluwer review of banking, financial and insurance law (Luxembourg) – to be published at end of the year
  • Insurance Act Receives Royal Assent – Reactions 18.2.15 – article by Ed and Simon Garrett
  • What are the Practical Considerations of the Insurance Act 2015 – Strategic Risk 9.3.15 – article by Ed and Simon Garrett
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Lectures list

  • Insurance Act 2015 – presentations to LIIBA and Locktons
  • Insurance Contract Law – presentation to Aon
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Education

  • 1989 - Chester Law School (Merit), Chester
  • 1985 - LLB, Cardiff University, Cardiff
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Feed

19/02/2024
CMS represents Markel in landmark reinsurance case on COVID-19 business...
International law firm CMS has achieved a significant victory in a groundbreaking case related to non-damage COVID-19 business interruption (“BI”) losses. The High Court, in its first-ever consideration...
12/02/2024
High Court rules in favour of reinsureds seeking recovery of UK COVID-19...
Overview The High Court has, for the first time, considered the reinsurance recovery of non-damage COVID-19 (first lockdown) business interruption losses, specifically under catastrophe excess of loss...
28/06/2023
Court of Appeal guidance: when do professionals owe duties to third parties?
The Court of Appeal recently handed down their judgment in respect of claims by investors in certain tax schemes against the tax barrister, Andrew Thornhill KC. Mr Thornhill KC acted for the promoter...
21/10/2022
High Court refuses to restrain city firm from acting against former client
Solicitors are under a duty not to disclose any information in their possession which is confidential to a former client. Since the leading case of Prince Jefri Bolkiah v KPMG [1999] 2 AC 222, the judiciary...
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 ...
07/07/2020
Brokers PI: Mind the trap - Australian Federal Court reminds insurance...
On 19 February 2020 the Federal Court of Australia ruled in PC Case Gear Pty Ltd v Instrat Insurance Brokers Pty Ltd (in liq) that Instrat Insurance Brokers Pty Ltd (Instrat) breached the duties that...
28/04/2020
COVID-19: Brokers FAQ
As the COVID-19 pandemic takes hold, brokers are coming under increasing pressure. They are facing an ever-rising tide of queries, notifications and claims from policyholders regarding coverage of their...
27/04/2020
COVID-19 Insurance Implications
The COVID-19 pandemic has extracted a terrible toll on human life and has caused sig­ni­fic­ant disruption to business and investment worldwide. The true economic impact of the pandemic remains to be determined...
08/11/2019
Supreme Court clarifies the position on non-party costs orders in favour...
In a decision arising out of claims relating to defective silicone breast implants, the Supreme Court has provided guidance on insurers’ potential liability for third-party costs orders. Background...
03/10/2019
Know Your Risk
On 3 October 2019, CMS is hosting its annual professional indemnity seminar for insurance professionals at Cannon Place.Over the course of the morning there will be three group sessions and an opportunity...
28/02/2019
Supreme Court guidance on loss of a chance claims -  Perry v Raleys Solicitors
This is the first occasion that the Supreme Court has had the opportunity to consider a claim for a loss of a chance in a professional negligence claim relating to a lost litigation opportunity, since...
22/02/2019
The FCA finds limited issues in its Wholesale Insurance Brokers Market...
On 20 February 2019, the Financial Conduct Authority (FCA) published its final report closing its market study into the wholesale insurance brokers market, in an unusual step which could largely be regarded...