Property Insurance Aware 2
Welcome to the second edition of Keoghs’ regular Property Insurance AWARE magazine, designed to supplement and expand on our regular client e-alerts which we hope you continue to find useful.
This edition focuses on key developments affecting the legal and insurance industries. Particular focus is given to the recent flooding events and the impact this has had on insurer clients.
We also consider the legal position following the recent decision in Mitchell regarding relief from sanctions; and the court's approach to balancing proportionality and costs when it comes to witness evidence. Articles on combating fraud and what the options are for insurers when over-payments have been made to an insured in error are included. The ‘Insanity defence’, Party Walls etc Act 1996 and how to split a successful recovery between insured and uninsured losses are also considered.
Should you have any queries please do not hesitate to contact Matthew Rogers the Head of Commercial Litigation at Keoghs, Clare Lloyd or the individual authors. Likewise, if there is anything you would like us to address in our next edition please let us know.
We discuss the recent flooding that hit thousands of UK householders and businesses and asks, 'what about their insurers?’ by revisiting the key legal principles in flooding and escape of water cases which can arise.
Solicitor Stuart Hunt highlights a number of recent Keoghs' cases where fraud was initially suspected and then, through effective communication between insurers, loss adjusters, investigators and solicitors, discovered and the claims repudiated.
Keoghs' solicitor, Liam Murphy, discusses how 'wilful and malicious damage' exclusions work and how the 'insanity defence' is applied.
Highlighting two recent Keoghs' cases, Litigation Executive, Matthew Kirk, reviews how the decision in Mitchell, and enforcement of new provisions of the Civil Procedure Rules dealing with non-compliance of court orders and directions, work in practice.
We consider how to handle claims that include insurer’s and insured’s outlay in terms of the legal principle of ‘pay up, recover down’, agreeing how to distribute the proceeds of any recovery and how best to manage the insured’s expectations.
Insurers process and make thousands of payments a year. Inevitably, some errors will be made and Keoghs are often instructed to advise on the issue of overpayment to the insured. Solicitor Jody Proudman looks at this issue.
The recent decision in Maclennan v. Morgan Sindall (Infrastructure) Plc  EWHC 4044 (QB) is one evidencing the court’s decision to ensure proportionality and cost effectiveness when considering witness evidence. Keoghs' Warren Heyman discusses the case and its effect.
Although most people are aware they may need to engage with their local planning authority before progressing any building projects, fewer know they may need to engage with their neighbours if such work affects a 'party wall'. Litigation Executive, James Dixon, reviews the legislation.