Recent News

Appeal Courts Triumph for Structural Defects Policyholders: Manchikalapati v Zurich

Leaseholders of flats in a development in Manchester have secured a major victory against Zurich Insurance under a standard form defects policy, in a case with significant implications for new build home owners affected by inadequate construction works. Following a long running Court battle over claims first notified in 2013, policyholders have been awarded approximately […]
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Consumer Insurance – A reminder of your rights and why you should not “avoid” fighting back

Consumer insurance accounts for a large percentage of insurance purchased in the United Kingdom. It is therefore unsurprising that many insurance disputes involve consumers, and the implications for an individual who has a claim declined can be catastrophic. A recurring issue is an insurer avoiding a policy for an alleged non-disclosure or misrepresentation. Our experience […]
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Government to fund replacement of Grenfell-style cladding

Almost 2 years after the Grenfell Tower tragedy, the government has stepped in to speed up the removal and replacement of unsafe aluminium composite material cladding (“ACM cladding”) on privately owned, high-rise buildings. What are the implications for building owners? On 9 May, the government announced its intention to make around £200m available to remove […]
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Fenchurch Law launches “The Associate Series”

Fenchurch Law’s new initiative, The Associate Series, is being launched with a view to sharing our knowledge and experience of coverage disputes with junior-mid level brokers. In doing so, we hope to enhance brokers’ ability to add value to their portfolios. Fenchurch Law are specialists in coverage disputes. We act exclusively for policyholders and work […]
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Fenchurch Law adds Goodship to Construction Risks team

Fenchurch Law, the leading UK firm working exclusively for policyholders and brokers on complex insurance disputes, has appointed Rob Goodship as an associate further expanding its coverage dispute team capabilities. Rob specialises in insurance disputes and has considerable experience in property damage, construction and professional indemnity coverage issues. He joins Fenchurch Law from Kennedys where […]
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Court of Appeal plunges into notification issues

In a Judgment handed down yesterday, the Court of Appeal considered for the first time in over ten years issues regarding the effect of a notification of a “circumstance” to a professional indemnity policy: Euro Pools plc v RSA [2019] EWCA Civ 808 [1]. Introduction The commercial background to the dispute was unusual. Typically, a policyholder will […]
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Young v Royal and Sun Alliance PLC

The Court of Session found that an insurer had not waived disclosure under the Insurance Act 2015 (“the Act”). The case is the first to be decided under the Act. Background A fire occurred at Mr Young’s property (“the Property”) causing extensive damage. Mr Young then claimed an indemnity from his insurers, Royal and Sun […]
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Zagora Management Limited & Others – v – Zurich Insurance PLC and others

In this recent decision, the Technology and Construction Court allowed claims brought by the leaseholders under “Standard 10 Year New Home Structural Defects Insurance Policies” (“the Policies”), but rejected all the claims against the Approved Inspector. The case concerned a development of two blocks of flats in Hulme, Manchester (“the Property”). The claimants were the […]
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How to Annoy Judges

There wasn’t much law in the Court of Appeal’s recent decision in Friends Life v Miley [2019] EWCA Civ 261, other than a reiteration of the principle derived from Economides v Commercial Union [1998] QB 587 that a declaration in a proposal, that information is true to the best of the proponent’s knowledge and belief, connotes only a test […]
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