Insurance Coverage Disputes can arise between insurer and insured in relation to cover for claims of all kinds, and Cubism Law can provide advice and guidance in relation to this specialised area of the law. Where necessary, we will bring or defend court proceedings on behalf of our clients. Our Insurance team,Karen Pollock, Peter Mellett and Peter Zombory-Moldovan have between them considerable experience in a wide range of insurance related law.
These are just a few examples of the types of coverage dispute with which we deal:
- Professional Indemnity (PI) Insurance
- Directors and Officers (D&O) Insurance
- Fidelity Insurance
- Commercial Property and Business Interruption Insurance
- Excess of Loss Reinsurance
- Third Parties (Rights against Insurers) Acts 1930 and 2010
Professionals of all kinds, from accountants to valuers, carry professional indemnity insurance to ensure that claims against them for professional negligence by their clients will be covered. Professional indemnity insurance is, indeed, compulsory for many professions, including solicitors, barristers, accountants, architects, engineers and chartered surveyors, mainly in order to protect the public from the risk of negligent professionals’ insolvency. Disputes between insurer and insured can and do arise in relation to the scope of cover, the application of aggregation provisions, the operation of exclusion clauses, late notification of claims and non-disclosure/misrepresentation, among other issues. We offer outstanding skills and experience in this area, having acted for both insureds and insurers.
Directors and Officers insurance protects those responsible for the management of companies (including charities) from the potentially ruinous financial consequences of personal liability, as well as ensuring that they have the benefit of legal representation when needed to protect their interests. Our specialist consultant in this area of law, Peter Zombory-Moldovan has advised insurers on their policy wordings for D&O cover and assists clients in relation to coverage disputes of all kinds.
Enterprises carry fidelity insurance to protect against loss caused by the dishonesty of staff and employees. Disputes between insurer and insured can arise over the scope of cover and the quantification of loss. The experience we offer in this area includes acting in a major dispute between a local authority and its fidelity insurers in relation to the disappearance of a large number of new gas boilers.
The very extensive experience we can offer in this area ranges from disputes with insurers over non-disclosure of previous losses to the meaning and effect of alarm warranties. Our specialist insurance consultant Peter Zombory-Moldovan has acted in several landmark cases and regularly advises clients on coverage disputes and policy wordings.
A significant proportion of reinsurance disputes has tended to concern “follow the settlements” clauses, claims co-operation clauses and aggregation provisions, and we have experience of acting for both reinsurers and reinsureds in these matters of these kinds and many others besides, with reinsured books of business ranging from employers liability to kidnap cover. Peter Zombory-Moldovan has advised both Lloyd’s Syndicates and company market clients in reinsurance disputes.
The Third Parties (Rights against Insurers) Acts 1930 and 2010 ensure that claimants have a direct right of action against the liability insurers of defendants who have gone bust after the claim against them has been established. A claimant in this position is entitled to stand in the shoes of the insured for the purposes of enforcing the policy, and has the comfort of knowing that the insurance money will not disappear into the general pot for the benefit of creditors generally. We can advise clients on their rights under the Acts and help them to achieve practical results in securing a recovery.
To find out how we can help you call 0207 831 0101 and ask to speak to the Professional Negligence team or use the get in touch form on this page to get in touch with your inquiry.