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Policy Disputes
We are instructed on a regular basis to advise insurance clients as to the scope of a policy and/or potential breach of policy conditions, non-disclosure of material fact, etc. Our varied work for insurers means that we have particular expertise in this field.
These cases are particularly sensitive for insurers both in their relations with customers and with brokers. In addition to technical legal advice, insight into the commercial relationship between the insurer and its customer or brokers is required. At the forefront of our mind is the need to balance a highly academic approach to the legal problem and the commercial considerations of doing business at ground level.
Examples of recent cases include:-
- arguments over the definition of “damage” within a products policy
- interpretation of a policy schedule to determine what goods were covered whilst “in the open”
- interpretation of the meaning of “hot work” clause
- alleged non-disclosure of material fact in a fire policy
- private health/personal accident policies – a professional invalid/perpetual claimant prone to self-harming
- personal claims – the fictitious diamond ring
- a dispute as to whether a motor or EL policy applied in an accident on a factory road
- EL and PL policy triggers
Team Members:
Derek Adamson, Roger Coates, Richard Davis, Geoff Lewis and Richard Seagrove.
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