Property Damage & Coverage

Our highly skilled and experienced team specialises in property damage claims and related insurance coverage disputes. We act for Lloyd’s Syndicates, London companies, US and overseas insurers and reinsurers, brokers, intermediaries, and run-off companies.

Damage to material property is the touchstone across our full range of specialist coverage work, from first party covers to third-party liability covers, and across the defence of liability claims. Damage often comprises technically complex issues and many of our cases have an international element.

We provide representation in Scotland, Republic of Ireland and Northern Ireland as well as acting for overseas insurers making or defending claims in the English courts. We monitor local proceedings and deal with local correspondent lawyers on losses arising in foreign jurisdictions.

Experts in Property Damage & Coverage

Our deep understanding of the insurance market includes the sensitivities of the commercial relationships that exist within it. We take pride in working in the truly unique market located on our doorstep and providing the highest quality of service. We’re often approached by clients as their trusted advisors and the solutions we offer are partner-led and tailored to insurers’ commercial and regulatory needs. Through close collaboration with our colleagues across HF, we ensure that claims are dealt with holistically.

Key specialisms include:

Regularly advising primary layer insurers and excess layer insurers under direct insurances, global insurers under master/umbrella policies and reinsurers
Advising on issues of reinstatement and repair, betterment and business interruption
Defending liability claims on behalf of commercial landlords, property owners and developers, operators of ports and terminals, building contractors, M&E contractors and piling contractors. We also defend manufacturers, producers and suppliers of equipment and component parts all in connection with liability claims resulting from catastrophes and other major events including:
Fire and explosions
Escape of water and flood
Subsidence, landslip and other geotechnical failures
Structural failures of buildings, including differential settlement and collapse, due to defective construction methods, poor workmanship, defective materials and components, or defective design

Our expertise

Coverage

We advise on all aspects of coverage including issues of avoidance for material non-disclosure/misrepresentation and the remedies available under the Insurance Act 2015; illegality and fraud; the scope of cover and meaning of endorsements, extensions and exclusions; and the effect of breach of warranties/suspensive conditions and conditions precedent; we also frequently deal with issues arising under the Third Parties (Rights Against Insurers) Act 2010.

CAR/Project Cover

Our specialist team advise on the meaning of damage; the application of industry standard DE exclusions; issues of double insurance, joint insurance and waiver of subrogation; and we are familiar with the suite of JCT standard wordings and NEC3.

Excess Liability & Global Cover

The knowledge and expertise with the team covers multiple loss events affecting programmes of insurance including the aggregation of losses in a single year and the allocation of losses across numerous years and over excess layers; the extent of drop-down cover under global policies involving difference in conditions and difference in limits with local policies; and experience of the Bermuda Form and arbitrator challenges.

Reinsurance Cover

We advise on claims inspections and underwriting audits, binding authority disputes, cut through clauses, follow the settlements and claims control, jurisdiction and governing law.

Contact us

For expert legal advice from real people in our specialist teams, get in touch – we look forward to hearing from you.