Experience

• Construction and engineering - coverage advice and subrogated recovery claims under CAR and project policies including:
  • Claims under all risk policy relating to construction of the M62 Manchester Ring Road
  • Coverage issues following burst water main during construction of the Bull Ring shopping centre, Birmingham and associated advance loss of profits claim
  • Removal of support from party wall and defective design of foundations in a major West End office development
  • Claims brought under the Party Wall Act 1996
  • Claims under all risk policy concerning the construction of the Jamaican Highway toll road.
• Energy - claims during construction and operation of energy plants including:
  • Failures of turbine/generator and refractory linings to incinerators during construction of waste to energy plant and delay in start up claim
  • Coverage under all risk policy in respect of claim for failure of tubes in a heat exchanger to an ammonia plant in Trinidad and Tobago. Successfully mediated settlement in New York.
• Property damage and business interruption - coverage advice and subrogated claims against contractors, engineers and architects, arising from defective workmanship and design:
  • Multiple recovery actions on behalf of insurers of the premises damaged in the Buncefield oil terminal explosion
  • Claims under defective premises act 1972.
• Product Liability - defence of manufacturers of products primarily in the construction and engineering areas including:
  • Defence of a multi-national manufacturer of latches fitted on private and commercial vehicles for over 30 years
  • Recovery against maintenance contractors of air handling unit causing explosion at major car plant
  • Coverage advice under latent defects policy and subsequent recovery in respect of the failure of 5,000 delaminated double glazed units in West London luxury flats
  • Claims involving metallurgical and welding issues including damage to a trunk water main and failure of compression joints on air conditioning circuits in commercial premises.
• Insurance and reinsurance coverage disputes and fraudulent claims.
• International travel claims investigation into the alleged defects and failure to comply with local regulations in construction/design of foreign properties. Successfully defended several catastrophic injury claims brought against UK-based tour operators.

Significant reported cases

• Devco Holder v Legal & General Court of Appeal [1993] (reasonable care conditions, recklessness)
• Ronne Holdings v Royal and Sun Alliance (Recovery under Third Party Rights Against Insurers Act) [1999]
• London Fire & Emergency Planning Authority v Meritor Light Vehicle Systems [2003]
• Singh v Libra Holidays (Tetraplegic claim involving alleged defects in construction of swimming pool in Cyprus) Court of Appeal [2003]
• Evans v Kosmar Holidays Court of Appeal (Tetraplegic claim involving alleged defects in construction of swimming pool in Cyprus) Court of Appeal [2007]
• Kosmar Holidays v The Trustees of Syndicate 1243 Court of Appeal [2007] (interpretation of condition precedent re: claims reporting)
• Blackwell v Gerling Insurance Court of Appeal [2007] – (interpretation of All Risk Policy and issues of fortuity)

Clients

• Insurance and reinsurance companies
• Lloyd's syndicates
• Loss adjusters insurance brokers