Biography

Chen Foley has a varied practice with an emphasis on general commercial disputes 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. 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.

He also advises Bermuda and London market insurance and reinsurance carriers in respect of claims involving crime, directors’ and officers’ liability, errors and omissions liability and general liability, including policies written on the “Bermuda Form”, where his experience includes investigating liability and quantum, providing counsel in relation to cover and managing coverage disputes.

Recent examples of Mr. Foley’s past experience include:

• Advising the liability insurers of an offshore investment fund in connection with claims made against the fund by its investors and liquidators in the wake of the fund’s collapse.
• Advising on the duties owed by a captive insurer to its reinsurers.
• Associating on behalf of reinsurers in connection with claims made under commercial and captive insurance policies.
• Defending insurers in connection with a claim arising as a consequence of employee fraud under a “banker’s blanket policy”.
• Successfully defending insurers in relation to a claim made under a Directors’ and Officers’ Policy arising out of the Insured’s acquisition of a bank.
• Advising liability insurers in relation to pharmaceutical claims.
• Successfully obtaining anti-suit injunctions against insureds which commence litigation against their insurers in violation of arbitration provisions.

Affiliations, Activities and Accomplishments

Mr. Foley is a member of the Bermuda Bar Association. He was called to the Bar of England & Wales at the Honourable Society of Lincoln’s Inn. He serves as a director of the Centre for Justice, a non-governmental, non-profit organization which aims to promote human rights and civil liberties in Bermuda. He is a member of the Bermuda Employment Tribunal, and the Essential Industries Disputes Settlements Board. He is also a member of the editorial committee for Sedgwick’s Insurance Law Blog.

Presentations and Publications

• “Corporate Hospitality Could be Scrutinized Under Possible New Anti-Bribery Laws”, co-authored with Alex Potts, The Royal Gazette (26 April 2013).
• “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 (also published via Lexology (9 January 2013). 
• “Libor: An Introduction to Libor and the recent Libor Scandal, Regulatory and Criminal Investigations, U.S. Civil Litigation, U.K. Civil Litigation, Liability Theories and Insurance Implications”, co-presented with Jennifer Broda and Edward Smerdon (4th Annual Bermuda Claims Litigation Management Seminar, Hamilton, Bermuda, 4 December 2012).
• “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).