Property Insurance Aware 3
Welcome to another edition of Keoghs’ regular Property Insurance AWARE.
This issue focuses on key developments affecting the legal and insurance industries including the forthcoming Insurance Act. Particular emphasis is given to the Deregulation Act 2015 and the impact that this is likely to have on the motor insurance industry.
We also consider other issues regularly dealt with by our commercial litigation team including the court's approach to awarding costs in small claims on the basis of unreasonable behaviour and claims for distress and inconvenience. We also include articles in relation to incorporation of contractual terms, orders for pre-action disclosure and what we consider to be best practice in relation to subrogated recovery claims. The recent changes to Part 36 and the consequences of the same are also considered,
The Deregulation Act 2015 received Royal Assent on 26 March 2015 and will come into force on a staged basis. For the insurance industry, Section 9 introduces important changes to the law of motor insurance. Those changes will come into force on 30 June 2015...
In small claims, if a claim is unsuccessful, a claimant is unlikely to face an adverse costs order. Costs in small claims are provided for under Part 27 of the Civil Procedure Rules (‘CPR’). However, there are exceptions to this rule...
As commercial litigators, we are often presented with tradespeople or business policyholders who unfortunately find themselves on the receiving end of a claim. Allegations made against tradespeople vary greatly and can lead to losses for a customer.
When a policyholder incurs damage to their property as a result of an incident caused by a third party, they often experience disturbance in their daily routine and have to undertake additional work to re-instate the property to its original form. Therefore, they often want to make a claim for the distress.
The Insurance Bill received Royal Assent on the 12 February 2015 with the vast majority of the new bill coming into force on 12 August 2016 to allow the insurance market time to adjust to the reforms.
An insurer’s right to bring a subrogated recovery claim arises automatically upon it paying its insured’s losses under the policy. The strength of a subrogated recovery claim can, in some cases, stand and fall with the preservation of evidence by a loss adjuster when attending a property in the immediate aftermath of the incident.
Pre-action disclosure applications are regularly viewed, in the face of a non-cooperative party, as a comprehensive way of exploring liability based issues without formally issuing court proceedings.
It is well established that Part 36 offers can be used by either party in negotiations to bring about a cost effective resolution to part of, or the whole of, a dispute pre and post litigation. However, the rules surrounding Part 36 offers (pre-change) were overly complex which resulted in a significant amount of case law.