Insurance
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 2010).
Insurance Cases
In December 2016, Andrew obtained a substantial settlement on behalf of a claimant in a legally complex Vnuk-type personal injury claim. The case concerned the construction of the words “road or other public place” within the meaning of Section 145(3)(a) of the Road Traffic Act 1988 together with the correct construction of the “use” clauses in two insurance policies.
During November 2016, Andrew advised an insurance broker with delegated authority to enter into policies of life assurance in respect of a dispute about the rate of commission payable.
In March 2016, Andrew advised a former company director as to the scope and application of a policy of Directors’ and Officers’ (“D&O”) insurance in the context of criminal proceedings brought against the director by HMRC.
During March 2016, Andrew advised a firm of solicitors that has a delegated authority from a motor insurer to handle personal injury claims as to various issues concerning the scope and application of Section 151 of the Road Traffic Act 1988; Article 75 of the MIB’s Articles of Association; recovery actions against policyholders under Section 151(8); and various actions involving the MIB.
During 2015, Andrew successfully represented a well-known book-maker in an action for professional negligence against its insurance broker. A fire destroyed the book-maker’s head office. Its insurer only paid out a modest sum. The book-maker pursued its insurance broker on the grounds that its negligence had caused it to be under-insured in respect of various heads of loss and uninsured in respect of others. The claim settled on satisfactory terms.
In 2014, Andrew represented a well-known defendant insurance company at a trial in Birmingham concerning a subrogated claim by another insurer for reimbursement of sums paid out to an insured school when a motorist negligent drove into its wall. The case raised a novel point on the construction of Section 152 of the Road Traffic Act 1988 concerning the obtaining of declarations of avoidance.
Acting as a led junior (along with Digby Jess) during 2013 on behalf of c.10,000 claimants who brought professional negligence actions against the various firms of solicitors that handled the conveyances of their council homes pursuant to the government’s right to buy scheme. The cases raised interesting issues as to the scope of a conveyancing solicitor’s duty of care.
Acting for a claimant in a professional negligence action against his insurance brokers. The claimant’s amusement arcade in Blackpool was destroyed in an arson attack. The insurer avoided his policy of insurance ab initio for various material non-disclosures. Proceedings were brought against the claimant’s insurance brokers on the basis that their negligence / breach of contract caused any material non-disclosures to occur. The case concluded successfully at a joint settlement meeting in 2011.
