case studies

Case Studies

Claims against insurance professionals

We recently acted for a Greater London based client who suffered multi million pound losses in a fire which destroyed the company's warehouse premises causing significant business interruption losses.

Insurers refused to make any payment under the insurance policies alleging that a number of facts had not been disclosed by the insured when the policy was first obtained and underwritten.

We investigated the factual background and advised our client that his claim against insurers was weak. We recommended that he should instead bring proceedings against his insurance broker, who arranged the insurance policies on his behalf.

Our advice to our client was that the evidence indicated that the broker either was aware of the non-disclosed facts or ought to have been aware of them. This claim led to significant and heavily contested High Court proceedings in London.

Although our client was a cash rich and successful company before the fire, it no longer had the financial resources to fund substantial litigation and was unable to meet an adverse costs order if the case was unsuccessful.

This also meant that the defendant was unable to obtain an order for security for costs (which would otherwise have prevented our client from bringing his claim to trial).

    The claim was fiercely defended to just short of the hearing, at which point a settlement was agreed at mediation.

We have also acted on several similar cases in the recent past including;

  • A claim against our client's previous solicitors for failing to advise our client on under insurance issues brought to the solicitor's attention during the course of our client's acquisition of a company.
  • A claim against a firm of solicitors for failing to arrange after the event legal expenses insurance to cover our client's potential exposure to an adverse costs order.
  • A claim against a valuer whose reports resulted in significant under insurance.

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