Recent News

PII: What happened in 2018?

A number of interesting cases relating to professional indemnity insurance passed through the courts in 2018, and this article looks at four of them. Euro Pools plc (in Administration) v RSA [2018] EWHC 46 (Comm) Kicking the year off was the Euro Pools decision in January 2018. The insured specialised in the design and installation […]
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Pallister Limited v (1) Fate Limited (in liquidation) (2) The National Insurance and Guarantee Corporation Limited (3) UK Insurance Limited

In this recent decision in the Queen’s Bench Division, the court examined the meaning of “property belonging to” in the context of a landlord’s insurance policy. The court also examined the scope of the decision in Mark Rowlands v Berni Inns Ltd [1986]. Palliser Limited (‘Palliser’) was the lessee of the three upper floors of […]
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Building a Safer Future: Regulatory Reform on Combustible Cladding

Following publication of the Hackitt Report in May 2018, the government has been under increasing pressure to implement effective reform of building regulations in the UK, with a focus on cladding systems to high-rise developments. Legislation has recently been introduced aimed at improving fire safety and accountability, with a range of further measures anticipated. Building […]
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Damages for late payment of insurance claims: some practical aspects

The effects of an insured loss on an insured’s business can be financially devastating. It is in those times of need that policyholders turn to their insurers for help. The longer a policyholder goes without that help the worse the policyholder’s financial situation can become. The Enterprise Act 2016 amended the Insurance Act 2015 (the […]
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Fenchurch Law expands coverage dispute team with triple hire

Fenchurch Law, the leading UK firm working exclusively for policyholders and brokers on complex insurance disputes, has made a trio of hires to further increase the capacity of its coverage dispute team. Laura Steer joins as a Senior Associate from Holman Fenwick Willan (HFW). She was recently seconded by HFW to Marsh where she was […]
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Fenchurch Law awarded Investor In Customers “Gold” Award for client experience

Fenchurch Law, the UK’s leading firm of policyholder-focused insurance dispute lawyers, have achieved a ‘gold’ award from the independent Investor in Customers (IIC) assessment process for a second year running. Comments from clients included: “You receive a proactive, knowledgeable and professional service better than any competitor.” “My dealings with the firm were extremely professional and […]
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Important decision for anyone involved in coverage disputes or Brokers’ E&O claims

Dalamd Ltd v Butterworth Spengler Commercial Ltd [2018] EWHC 2558 (Comm) Judgement by Mr Justice Butcher was handed down on 12th October. One of the key messages (see paras 133-134 of the judgment) is that, where an insurer declines indemnity, there is a very significant distinction between (i) the situation where the policyholder challenges the […]
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Wheeldon Brothers Waste Limited v Millennium Insurance Company Limited

In this recent pro-policyholder decision, the Court examined the construction of Conditions Precedent and Warranties. Here, the insurer attempted, rather opportunistically, to import a meaning to these terms which was far more onerous than the common sense approach adopted by the policyholder and ultimately endorsed by the Court. Wheeldon Brothers Waste Limited (‘Wheeldon’) owned a […]
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Insurance Cover for Combustible Cladding

Insurance Cover for Combustible Cladding Dame Judith Hackitt’s Review of Building Regulations and Fire Safety recommends radical integrated change to the regulatory system covering high-rise and complex buildings, reflecting the realisation after Grenfell that previous oversight of the myriad activities and conflicting motivations involved in the construction of dwellings is not fit for purpose, to […]
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