Insurance

John is regularly instructed on coverage, indemnity & related disputes by both the insured and insurers. John’s experience encompasses a range of policy and coverage issues including those relating to commercial, professional, D&O (directors & officers), household, medical, ATE (after the event insurance), BTE (before the event insurance) and travel insurance.

RTA (road traffic accident) insurance coverage, including MIB (Motor Insurer’s Bureau), Article 75 and uninsured & untraced drivers, are also common themes in John’s practice.

Resolution of disputes has been achieved by negotiation, mediation and joint settlement meetings, as well as by the Financial Ombudsman and litigation in the courts.

Examples of cases undertaken:-

• Wasley v MIB & UK Insurance – coverage dispute concerning RTA insurance where the accident occurred not on the road or public place; declaratory relief
• P v Hospital & Medical Care Association – coverage dispute regarding medical expenses insurance
• Corder v Boyd, D & MIB – RTA coverage and liability of car owners to those not permitted to drive
• Downing v Chartis Insurance Co – coverage of personal accident policy following clinical negligence
• Carmichael & Sons (Worcester) Ltd v NIG – property insurance & indemnity claim successfully defended following a land slip
• Thorpe v Cruze & Gallantree – destruction of neighbouring thatched premises by fire, causation and insurance indemnity
• Walding & Savage v Singh & others – High Court trial – tenants successfully claimed insurance monies wrongfully taken by the landlord after premises destroyed by fire; freezing injunction before & after judgment
• Lloyd & others v The Charles Group & others The Stax Litigation ­- independent financial advisers & professional indemnity coverage