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Portrait of Ed Foss

Ed Foss

Partner
Head of the Insurance and Reinsurance Group

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

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 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

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...
04/10/2018
Know Your Risk - Pro­fes­sion­al In­dem­nity In­sur­ance Sem­in­ar
On 4 Oc­to­ber 2018, CMS is host­ing its pro­fes­sion­al in­dem­nity sem­in­ar for in­sur­ance pro­fes­sion­als at Can­non Place. Over the course of the morn­ing there will be three group ses­sions and an op­por­tun­ity...
22/08/2018
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...
10/08/2018
CMS Hong Kong main­tains growth mo­mentum adding In­sur­ance cap­ab­il­ity with...
In­ter­na­tion­al law firm CMS is con­tinu­ing its Hong Kong ex­pan­sion with the ap­point­ment of two es­teemed In­sur­ance part­ners to as­so­ci­ated Hong Kong firm Shir­ley Lau & Co. LLP. Dual-qual­i­fied An­drew Hor­ton...
04/12/2017
Risk Mat­ters: In­sur­ance Sec­tor Up­date (Winter 2017/18)
The latest edi­tion of Risk Mat­ters, high­light­ing is­sues im­pact­ing the in­sur­ance sec­tor, is now avail­able to down­load from our web­site.High­lights in­clude an as­sess­ment of this year’s $100bn North Amer­ic­an...
06/09/2017
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...