Mactavish, the UK’s leading expert on Insurance Governance, announces that David Hertzell, the former Law Commissioner for commercial and common law, has joined the Mactavish team working exclusively on Insurance Governance as a special advisor.

David has spent the last seven years at the Law Commission leading the largest ever Government review of insurance law, culminating in the Insurance Act 2015 which received Royal Assent on 12 February 2015.

Mr Hertzell began his legal career as a trainee solicitor with Davies Arnold Cooper (DAC) in 1981 and was admitted as a solicitor in 1983. DAC made Mr Hertzell a partner in 1989. He became managing partner in 1992; a post he held until 1996 and again from 1999 to 2006. Apart from his management responsibilities Mr Hertzell specialised in professional indemnity reinsurance, captive insurance and regulatory issues. DAC later merged with Beachcroft to form DAC Beachcroft.

He previously chaired the Airmic (the UK risk managers association) Captive Insurance Focus Group and was a member of the BSI drafting committee on risk management.

He is currently President of the British Insurance Law Association, Chair of the CII Professional Standards Board and a Board member of Airmic. He is a pension fund trustee and until 2014 sat as the independent member on the audit and risk committee of the Judicial Appointments Commission. He has written several articles on captive and commercial insurance and contributed to books on these topics.

David has recently been appointed jointly by the Secretary of State for Justice and the Chancellor of the Exchequer to Chair the Government’s task force on insurance fraud.

David joined Mactavish in January 2015 as a special advisor to offer advice to corporates, brokers and insurers in preparing for legislated Law Reform and subsequent and related common law developments.

Commenting on David’s appointment, Bruce Hepburn, Chief Executive, said:

“I am delighted that David has joined Mactavish as a special adviser. We worked closely together throughout the process of insurance law reform and I greatly respect his knowledge, integrity and expert advice. We share a common view in supporting an approach to commercial insurance placement that fosters best practice across all market participants, encouraging fair outcomes for both insurers and policyholders and his input into our work at Mactavish will be invaluable.”

Commenting his appointment, David said:

“Mactavish were amongst the core group of consultees the Law Commission relied on to prepare evidence in support of the Insurance Act 2015. Their research was first rate and provided strong empirical evidence to underpin the new law.

Mactavish were able to analyse opinions and examples from difficult to access but critical parts of the insurance market. Without this research the Law Commission would have had much less insight into the current operational realities and difficulties amongst policyholders, brokers and insurers in different parts of the market. The research underlined the urgent need to update the existing law.

It was the well analysed research Mactavish produced, which also suggested solutions rather than demonising one side or the other, that attracted me to work with them as a special advisor. I am very much looking forward to the work we will do together to support the successful market implementation of the new law to the benefit of all.”


Notes for Editors

For further information, please contact:
Bridget Jennings 01458 250200 / 07850 822820
The Media Team or
Tom Miskin 0208 834 1621 / 07711006483
Senior Analyst, Mactavish

About Mactavish

Mactavish specialises in the analysis of commercial risk, insurance policy reliability, disclosure, placement procedures and conduct, and insurance governance standards. Mactavish works with corporates, helping them to increase the reliability and governance of their insurance, and with carefully targeted brokers and insurers to deliver improved insurance solutions, leading to higher standards of governance, the provision of more flexible levels of capacity and clearer policy wordings that are more robust when tested by large losses. The company is unique in its focus on establishing standards across the insurance industry which will be fair and work for all parties.

Mactavish also designs and undertakes a range of unique and proprietary large scale studies across the corporate insurance landscape, focused on changes in the world of corporate risk. Throughout the legislative process leading to the Insurance Act 2015, the Law Commission and Mactavish cooperated closely, with Mactavish research being the single largest primary evidence source for the Law Commission’s work.