Emmanuèle Lutfalla

General Liability Insurance

• Representing a North American tech company, specialising in energy and water resources management, in relation to a coverage claim arising from a dispute valued in excess of EUR 100m with a European energy company concerning energy meters which allegedly did not conform to spec.
• Representing a worldwide manufacturer of climbing harnesses in a USD 75m personal injury claim brought by a victim. Parallel action in relation to the client’s claim under a complex insurance policy.
• Advising a global insurance company in relation to a EUR 10m coverage dispute between a leading energy company, the insured, and its customers in the Middle East in relation to the supply and installation of photovoltaic panels. Parallel actions against the panels’ manufacturers in Asia.

General Liability & Business Interruption Insurance

• Representing a global insurance company in relation to a multiple liability claim valued at GBP 40m against the engineering sub-contractor, the insured, in relation to the construction of a new engineering plant in Gibraltar.
• Representing a global luxury brand in a EUR 30m claim in relation to business interruption and other types of losses caused by looting and destruction of the client’s shops during the riots in multiple States in the US following George Floyd’s death. The case involved a precedent-setting issue of interpreting the events as a single “cause” or multiple “causes” which is relevant to the liability cap.
• Advising a German machinery insurer following the explosion of a gas turbine at a waste treatment plant in Spain. The value of claim was EUR 50m.
• Advising a French semi-public company operating the heating network of a city located in the East of France on expert determination of the EUR 20m damage linked to the interruption in the distribution of heating fluids during construction works.
• Advising a leading European engineering company, a sub-contractor in charge of the geotechnical studies, in relation to a coverage claim in the value of EUR 15m following land subsidence in China in a shopping centre preventing access to escalators and leading to business interruption losses.

Property & Business Interruption Insurance

• Representing a global insurance company in relation to a EUR 100m claim arising out of a major fire which resulted in significant property damage. The case is of high importance to the insurance industry and involves a precedent-setting issue of self-ignition of lithium batteries.

Environmental Liability Insurance

• Representing a global leading design manufacturer of underground pipelines and its insurer in a CAD 450m (c.EUR 280m) dispute with an Asian company concerning major soil pollution in North America and involving allegations of product defects and gross negligence.
• Advising a worldwide leading carpet manufacturer in relation to a coverage claim, denied by its environmental liability insurer, of USD 10m involving costs for the clean-up of a river in the State of New Jersey, USA.

Specialist machinery breakdown Insurance

• Advising a German machinery insurer following the occurrence of a nuclear accident at a French power plant. The value of claim was EUR 50m.

Third Party Liability Insurance

• Advising a leading German insurer, covering the biggest European discount chain distributor, following the partial collapse and evacuation of a hospital and an orphanage in Turkey, arising out of the construction of a shopping centre. The value of claim was EUR 8m.

Product Liability Insurance

• Representing a leading French insurer, covering a French breast implants manufacturer and involving worldwide (Argentina, UK, Spain, Belgium, Germany, the Netherlands, Luxemburg, Italy) personal injury cases as well as class actions with the total value of claims EUR 1.2bn. Providing global strategy for the denial of cover and coordinating lawyers in multiple jurisdictions.
• Representing a global insurance company in relation to a liability claim valued at c. EUR 250m and brought by the car manufacturer concerning the alleged defect in a component forming part of a diesel emission reduction system in a car. The manufacturing chain involves complex cross-border sub-contracting arrangements.
• Representing a leading German insurer in relation to a USD 50m dispute between a leading French engineering company, the insured, and the owner of a waste treatment facility in Southern Europe concerning an explosion of an on-site gas turbine causing damage to the machinery.
• Advising a French insurer in a product dispute between the French leader in the pharmaceutical industry and its insured manufacturer of stoppers for vaccine vials. The value of claim was EUR 40m.
• Advising a leading French luxury bags manufacturer, on a EUR 20m coverage claim following the latent defect of leather skins delivered by the German and Dutch sub-contractors and involving Latvian manufacturers.
• Advising a manufacturer of onshore wind turbines in New Caledonia and England: drafting of a transaction to allow the completion of the work, management of relations with the local labour inspectorate, setting up the modalities for the replacement of the damaged wind turbine with preservation of the existing one and impact on the initial contract. The value of the claim was GBP 10m.

Professional Indemnity Liability Insurance

• Representing a global insurance company in relation to a EUR 35m SPPI claim against a European construction consortium, the insured, concerning a partial collapse of a submerged road tunnel. This matter includes a strategic monitoring and advisory role in relation to related arbitration proceedings in Europe concerning claims under Property Damage Insurance and liability dispute with a subcontractor.

Terrorism & Political Risks Insurance

• Advising a subsidiary of a large LATAM mining company in relation to a USD 120m claim under a “Terrorism” policy following violent and property damaging public riots in New Caledonia.
• Advising a Middle Eastern investment company that owns a luxury hotel labelled palace (The Savoy) in London on making a PDBI (Property Damage and Business Interruption) claim of GBP 5m following the London Bridge terrorist attacks in London in 2017.

Reinsurance

• Advising a global reinsurer in relation to a EUR 1bn aggregate claim made by a multinational insurance company in respect of all payments made by them through various subsidiaries in Europe relating to the COVID-19 pandemic.

Fraud Insurance

• Representing a leading financial institution in a EUR 15m claim against its insurer relating to a fraud committed by the client’s customer, an Asia-based commodity trader, in obtaining pre-shipment financing.

D&O Liability Insurance

• Advising a French‑headquartered group and their boards on complex D&O coverage issues following an Australian acquisition up to USD 55m. Assessing D&O coverage under consecutive polices for a prospective claim against former and current directors and company officers arising from accounting irregularities identified post‑
• Advising boards, executive committees and individual company officers on the D&O coverage alongside civil and criminal proceedings. The issues included the scope and boundaries of insurability.