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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

Court of Appeal rules on relevant ‘knowledge’ required under s.14A of the Limitation Act

A recent Court of Appeal judgment on 16 May 2018 considered the test for relevant ‘knowledge’ within section 14A of the Limitation Act. The Appellant was appealing against a decision granting the Respondents summary judgment on the basis that the claims against them in negligence and for breach of contract were time barred.

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Legal updates

Supreme Court rejects War Risks cover for detained vessel

Navigators Insurance Company Limited and Others v Atlasnavios-Navegacao LDA (formerly Bnavios-Navegacao LDA) (‘The B Atlantic’) [2018] UKSC 26

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Legal updates

Commercial Court rejects All Risks marine cover for phantom cargo

In April, the Commercial Court handed down its decision which considered whether an All Risks marine cargo insurance policy could cover economic loss resulting from fraudulent documents for a non-existent cargo.

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Legal updates

Broker liable in damages for failure to ask the right questions and advise appropriately

In the recent case of Pakeezah Meat Supplies Ltd v Total Insurance Solutions Ltd (2018), the Commercial Court held that damages were recoverable from an insurance broker where they had failed to advise the claimant appropriately.

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