Claim Zone: Digital dynamos
Molly Bennett asks Ian Birdsey what sets Hiscox's TMT claims team apart
The fast-moving world of IT and media doesn’t stand still for a second – not even for a lawsuit. Whereas some traditional claims can take years to resolve, a TMT (technology, media and telecoms) claim usually needs to be resolved quickly, pragmatically and commercially.
"You need to understand the client as well as the claim in order to resolve it successfully,” says Ian Birdsey, UK and International TMT Claims Manager at Hiscox. “Often, in a media claim, our client will have a good commercial relationship with the claimant, so we have to be mindful of the dynamics in that relationship.”
The Hiscox TMT claims team is unique in having two dedicated TMT specialists: Ian and his colleague, James Webster, both solicitors who left private practice to join Hiscox. “No other insurer offers that,” says Ian, adding that they offer this expertise to clients both large and small.
The team’s clients are geographically diverse, too. “We deal with any claim that is made against one of our UK-based clients,” Ian says. “On my desk right now, I’ve got claims from India, the US, Australia, France and Germany.”
Better together
With such a range of claims, collaboration within Hiscox is important to achieving a speedy resolution. The TMT claims team works closely with the underwriters, literally sitting side by side. “This close working relationship is key to everything we do,” says Ian, “and it’s unique to Hiscox.”
Hiscox’s expertise, geographical reach and synergistic way of working allow it to go above and beyond for clients. In one example that James is handling, Hiscox adopted a pragmatic approach and confirmed to its IT client that it would cover the significant defence costs – even though it wasn’t yet explicitly clear what the claim was.
Another example has made headline news: the recent libel suit against Channel 4. It all came about because of a 2008 documentary, The Jacksons Are Coming, which followed Michael Jackson’s brother Tito as he looked for a property in Devon. In the film, it transpired that a local man called Matt Fiddes, who had acted as Jackson’s ‘fixer’, had set his own agenda by trying to raise his profile on the back of the Jacksons’ visit.
After seeing the film, Fiddes issued a libel claim against Channel 4, Studio Lambert and the producer, Jane Preston. The claimant was funded under a conditional fee arrangement – ‘no win no fee’ – with a 100% uplift and protected with a limited ATE insurance policy with a deferred premium, although the policy was voidable in certain circumstances. In mid-June, days after the defendants alleged in court that an email recently disclosed by Fiddes was a forgery (denied by Fiddes), Fiddes discontinued his claim.
Hiscox backed this claim all the way to trial, something that Ian believes other insurers wouldn’t have done – especially given that the combined costs were more than £3 million. “Most would have insisted on settling early, but that would be failing to see the big picture,” he says. “We backed this claim even though we knew we were unlikely to recover any costs, because the defendants’ reputations were on the line and because we believed they would win,” he says. “We went the extra mile and are now leading the wider call for libel reform.”
