Insurance Litigation
We advise various Lloyd’s based insurers on a range of issues. We use our experience and expertise in order to deliver cost-effective and commercially sound results, meeting the objectives of our clients.
We have a first class reputation for defending and/or managing claims, particularly in respect of title defects (including restrictive covenants, easements, title issues, adverse possession, fraudulent transfers) and lenders’ policies.
We also advise on coverage issues, business interruption claims, product liability (including personal injury) and employers’ liability claims.
We are sensitive to the needs of our clients, in some cases, to maintain a low profile. We will often work with an Insured’s own solicitor (in indemnity claim situations) to avoid disclosure of the Insurer’s interest to the third party bringing the claim, so as to avoid escalation of that claimant’s expectations in settlement negotiations.
Head of Insurance Litigation Robert Whitehead says "We will always try to understand our clients’ needs, both in general terms and in respect of a specific claim, so that together we can understand and agree what our objectives should be. Our growth and success in this sector comes from word-of-mouth recommendations, based on the quality and effectiveness of our service, combined with the cost-effective platform that only a regional firm can provide."
Examples of recent instructions:
- Advising an Insurer regarding a lender’s policy in which we identified a breach of a condition precedent (an obligation on the lender to comply with the Money Laundering Regulations);
- Advising an Insurer and applying to the Upper Tribunal (Lands Chamber) for modification of restrictive covenants in respect of two sites in Cheltenham;
- Advising the Insurer in respect of a claim following a total loss fire at a waste recycling plant and negotiating settlement;
- Representing an importer in respect of product liability claims arising from defective hot water bottles which caused injuries;
- Advising the Insurer regarding a claim on a Policy arising from a fraudulent transfer of land (claim made by the true owner, after registration of the transfer);
- Advising various companies regarding claims made against them by former employees claiming for industrial diseases
Contact head of Insurance Litigation, Robert Whitehead, for more information on +44(0)113 2977742 or by email at rwhitehead@shulmans.co.uk