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Ed Foss

Head of the Insurance and Reinsurance Group

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
United Kingdom
Languages English, French

Ed Foss is a partner and Head of the Insurance and Reinsurance Group at CMS.  Ed has over 20 years’ experience advising insurers and insurance brokers on liability issues.  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 their insurers.  Ed acts for many of the major international insurance brokers and 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 is a committee member of the British Insurance Law Association.

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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

  • 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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  • 1989 - Chester Law School (Merit), Chester
  • 1985 - LLB, Cardiff University, Cardiff
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  • Committee Member, British Insurance Law Association
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  • 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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Show only
28 April 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 losses arising from the cur­rent crisis. Des­pite pres
07 July 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...
4 December 2017
Risk Mat­ters: In­sur­ance Sec­tor Up­date (Winter 2017/18)
08 November 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...
11 August 2016
In­sur­ance is­sues: key is­sues for the in­sur­ance mar­ket - Sum­mer 2016
28 February 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...
In­sur­ance Is­sues
Claims, trends and key is­sues for the in­sur­ance mar­ket
22 February 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...
Risk Mat­ters: In­sur­ance Sec­tor news­let­ter Sum­mer 2014
High­light­ing top­ic­al is­sues for in­sur­ance sec­tor par­ti­cipants
22 August 2018
Court of Ap­peal finds em­ploy­ers can be vi­cari­ously li­able for ac­tions of...
Sum­mary In Barclays Bank v Vari­ous Claimants, the Court of Ap­peal re­af­firmed that the “in­de­pend­ent con­tract­or de­fence” no longer ex­ists; or­gan­isa­tions can now po­ten­tially be li­able for the acts of...
CMS named ‘top over­all law firm for all leg­al deal­ings’ in Re­ac­tions’ In­sur­ance...
The sur­vey, con­duc­ted by in­dustry-lead­ing pub­lic­a­tion Re­ac­tions, asked more than 100 people from glob­al in-house leg­al teams in the in­sur­ance and re­in­sur­ance mar­ket which law firms they be­lieved were the best by re­gion and by spe­ci­al­ity.
06 September 2017
In­sur­ance: join­ing in­surers to pro­ceed­ings un­der Third Parties (Rights...
The High Court has held that in­surers can be joined to pro­ceed­ings un­der the Third Parties (Rights against In­surers) Act 2010 wheth­er or not there are cov­er­age de­fences un­der the policy. The 2010 Act...