Biography

Chen Foley advises on contentious commercial related matters, with an emphasis on insurance coverage. He has represented Bermuda and London market carriers in insurance claims involving crime, directors’ and officers’ liability, errors and omissions liability and general liability (including policies written on the “Bermuda Form”). His experience includes investigating liability and quantum, providing counsel in relation to cover and managing coverage disputes.

Examples of Mr. Foley’s past experience include: advising on cover under a directors’ and officers’ policy issued to a Danish bank following the bank’s collapse and advising in connection with a director’s and officers’ claim and a related errors and omissions claim arising in connection with the merger of two Swiss banks. Most recently he has assisted London market insurers in adjusting a £160 million fraud claim made under a bond policy and an errors and omissions claim made against an offshore trust company.

In addition, Mr. Foley advises on a range of contentious commercial matters, with a focus on issues relating to offshore funds, offshore trusts and insolvency. He is presently assisting in the multijurisdictional winding up of an offshore investment fund, and is advising on recovery proceedings ancillary to that liquidation. Mr. Foley works with Sedgwick’s London and associated Bermuda offices. Given the nature of his practice he is proficient in handling matters that raise questions regarding the laws of multiple jurisdictions. In this regard he is able to provide counsel on Bermudian law and practice generally, particularly when required for the purpose of proceedings outside Bermuda that have a Bermudian dimension.

Affiliations, Activities and Accomplishments

Mr. Foley was called to the Bar of England & Wales at the Honorable Society of Lincolns Inn in 2001. He was called to the Bermuda Bar in 2002, and is a Notary Public of the Supreme Court of Bermuda. He is a member of the Professional Liability Underwriting Society (PLUS).

Presentations and Publications

• “Causation is Not Elementary, My Dear,” Sedgwick’s Insurance Law Blog (March 15, 2013).
• “English Court of Appeal Decision on Multiple Causes and Mitigation of Loss,” Sedgwick’s Insurance Law Blog (January 2013).
• “An Introduction to the Bermuda Form: A discussion regarding the history and development of the Bermuda Form and a general overview of how the Form works,” (Xchanging Learn at Lunch Seminar Series, London, England, January 26, 2012).
• “Bermuda”, Enforcement of Foreign Judgments in 28 Jurisdictions Worldwide (October 2011).
• “The Issue of Infestation,” co-authored with Eric Scheiner, Insurance Day (14 January 2011).
• "Anything Less Than Fraud Just Won’t Do,” Sedgwick’s London & Bermuda Newsletter (Spring 2010).
• “Scottish Appellate Court Affirms There's Nothing Inherently Wrong With Solvent Schemes of Arrangement,” Sedgwick’s Insurance Law Update (February 2010).
• “Direct Action Streamlined,” and “Full Disclosure the Best Policy When Applying for Interim Injunction on Ex Parte Basis,” Sedgwick’s London & Bermuda Newsletter (Winter 2009/2010).
• “Attempt to End Run-Off Rejected as Unfair to Minority Creditors,” Sedgwick’s Insurance Law Update (October 2009).
• “House of Lords, England & Wales: Reinsurers Only Liable for Loss Occurring During Period of Reinsurance,” co-author, Sedgwick’s Insurance Law Update (August 2009).
• “Blood, Sweat and TIEAs in Bermuda,” Sedgwick’s London & Bermuda Newsletter (Summer 2009).
• “Sedgwick Summary: D&O Securities Claims,” co-author, Sedgwick publication (May 2009).
• “Bermuda’s Stand on ‘Offshore Secrecy Jurisdictions’,” co-author, Complinet (May 2009).
• “Stop Tax Haven Abuse Act”, co-author, Sedgwick’s London & Bermuda Newsletter (Spring 2009).
• “Is This The End of Anti-Suit Injunctions in Europe?” Sedgwick’s Insurance Law Update (January 2009).
• “US Embraces Reform of Collateral Requirement Rules” and “The End of Utmost Good Faith”, Sedgwick’s London & Bermuda Newsletter (Winter 2009).
• “European D&O - Emerging Challenges,” Sedgwick’s Sixth Annual Hot Topics Seminar for the Bermuda Insurance Market (October 2008).
• “English Court Holds Arbitration Clause Trumps Service of Suit Clause in Policy,” Sedgwick’s Insurance Law Update (September 2008).
• “Money Launderers and Terrorist Financiers: Beware,” and “Bermuda Embraces Contract Certainty,” Sedgwick’s London & Bermuda Newsletter (Autumn 2008).
• “No US jurisdiction over foreign exchange trading” co-authored with Sarah Hills, Insurance Day (15 August 2008).
• “D&O Claims Management 2010 – What Does the Future Hold?” PLUS European D&O Liability Forum, London, England (4 October 2007).