Insurance
Personal Injury
Andrew regularly advises upon insurance policy coverage issues related to personal injury litigation (e.g.: claims involving the MIB; Section 151 of the Road Traffic Act 1988; Article 75 of the MIB’s Articles of Association; and actions involving the Third Parties (Rights Against Insurers) Acts 1930 and 2020).
Insurance Cases
Andrew’s recent cases include:
- WP -v- QBE: Andrew acted as junior counsel, led by Will Waldron K.C., for a Claimant who sustained a severe traumatic brain injury and left-sided hemiplegia when a cast iron soil pipe struck his head as he footed a ladder at work in the construction industry. The impact penetrated the Claimant’s skull. The tortfeasor employer became insolvent and the Claimant proceeded against the employer’s insurer under the Third Parties (Rights Against Insurers) Act 2010. Damages of £2.3 million were recovered on a full liability basis at a JSM in October 2024.
- Hadley -v- Przybylo [2024] EWCA Civ 250: Andrew advised during 2024 upon the “reasonable security” clause of the Periodical Payments Order in this significant personal injury claim.
- CH -v- LS: Andrew represented the Claimant who sustained a severe traumatic brain injury, maxilla-facial injuries and a spinal fracture when a lorry collided at speed with his car that was queuing in motorway traffic. The Claimant suffered a profound personality change. The case underscored the need for empathy and soft skills when representing the Claimant and family in a serious TBI case. In addition to that, damages of £1.8 million were recovered at a JSM in September 2024. A complicated insurance point arose concerning an income protection policy provided by the Claimant’s employer prior to the accident. In addition to the settlement sum of £1.8 million, the Claimant will benefit from the income protection insurance policy that will pay 75% of his basic salary until the age of 65 years.
