Liability Insurance Disputes
Insurance is an important mechanism for identifying and allocating risk in construction projects. It is crucial to understand the benefits and restrictions of the insurance policies that are available and the limitation of the indemnities against liabilities. This requires a knowledge of the more common policy wordings as provided by the insurance market.
Insurers may also seek to avoid liabilities, invoking policy defences such as breach of warranty, late notification and material non-disclosure. This calls for specialist knowledge of insurance law.
- Acting for a main contractor in its claims against its insurers. This liability arose from the collapse of embankments cut into the side of a slope. The insurer initially alleged that the loss was not one which fell within the policy wording.
- Acting for a steelwork subcontractor in its claims against its brokers and its insurers. One of the client's operatives had been seriously injured following a fall from scaffolding on a building site. The insurers alleged that there had been a breach of a warranty and also conditions precedent within the policy which afforded them a defence.
- Acting for a main contractor whose claims for damage to its civil engineering works were initially rejected by its Construction All Risks insurers. The insurers settled the claims on the basis of a substantial payment during the course of a part heard trial in the High Court.
- Advising a subcontractor of its ability to be indemnified under its design and construct insurance policy against losses following from a failure of its piles.
- Advising and acting for a property developer who invoked its rights to pursue claims against the insurers of its main contractor pursuant to the Third Parties (Rights Against Insurers) Act 1930. This followed the discovery of defects within the design.
- Advising a national insurance broker on the wording of its E and O insurance policies.
- Acting for a subcontractor and succeeding to reinstate its cover with insurers following earlier avoidance. This related to allegations of design deficiencies on a rail project in France.
For liability insurance dispute advice from experienced construction lawyers, please contact Jeff Brown on 0207 665 0844.