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Insurance coverage disputes and policy interpretation

insurance coverage disputes and policy interpretation

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When coverage disputes arise they can bring with them reputational and commercial risks. Our specialist team of coverage lawyers focus on providing clients with an early accurate assessment of the likely outcome so that only the right battles are fought.

We take a pragmatic and commercial approach to coverage investigations and advise in the context of our clients’ claims philosophies and their regulatory responsibilities.

We have considerable experience of advising insurers on policy interpretation issues that impact upon large volumes of claims across entire books of business. Our lawyers work closely with our specialist claims analysts to map potential exposure in a user friendly way so that our clients’ senior management teams can take informed decisions about strategy and reserves.

what we do...

Non-disclosure, materiality, misrepresentation and avoidance.
Validity and scope of ‘blanket’ circumstantial notifications.
Waiver, affirmation, estoppel and reservations of rights.
EL compulsory insurance and restrictions on policy wording.

Breach of claims behaviour conditions.
Scope and meaning of policy exclusions.
Impact of various professional indemnity ‘Minimum Terms’ regimes (e.g. SRA, ICAEW and RICS).
Motor insurance issues - including, Road Traffic Act, declarations, and Article 75.

related resources

Legal updates

How clear are your policy wordings?

The University of Nottingham, in collaboration with Browne Jacobson, have undertaken a detailed academic study into the readability of insurance policies, with some fascinating results.

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Guides

Insurance Act 2015 toolkit

Over the past three years, the Law Commission of England and Wales have consulted on fundamental changes to commercial insurance law.

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what the directories say...

Undertakes defence and coverage work for professional indemnity insurers. Large volume of cases relating to solicitors, IFAs and financial services, alongside directors and officers.

Chambers 2016

They are very engaged in getting a good conclusion for their client. They think clearly and waste no time.

Chambers 2016

Browne Jacobson LLP is ‘excellent’ on the claimant and defendant side of professional negligence, and handles lender litigation against solicitors, surveyors and valuers, as well as negligence claims against letting and managing agents.

Legal 500 2013

Prominent in acting for a broad range of professionals, including recruitment consultants and letting and estate agents. Also assists commercial businesses with D&O related negligence. Impressive client list includes large insurance groups and construction companies.

Chambers 2016

They provide a very good service, strong advice at a reasonable price.

Chambers 2016

Their advice is very succinct and very easy to follow.

Chambers 2016

recent experience

Advising a large insurer on policy coverage matters arising out of the notification of large numbers of claims notified to a public liability policy following the discovery that a doctor had sexually abused patients at a GP surgery. The matter involved complex issues of double insurance and analysis of compliance with policy terms and conditions. The full value of all potential claims could have exceeded £10m+.
Working with our client’s underwriters and claims team to analyse over a hundred underwriting files and draw together a complex multi-faceted coverage analysis to enable our client to accurately analyse and manage their exposure to mis-selling of financial products across an entire book of business.
Advising our insurer client in relation to a coverage issue with its E&O insurer relating to its own claims handling and extent of cover afforded by its policy, regarding a marine total loss.
Acting on behalf of our client in a coverage dispute on a claim against an MGA for breach of the terms of the binding authority and claims handling agreement.