Insurance Litigation: Property Archives - Lyons Davidson Solicitors

Blog Insurance Litigation: Property News

November 16, 2017
by Lyons Davidson

Insurance fraud recovery: types of fraudulent claims and how to recover the losses

Although Lyons Davidson is known for specialising in property insurance outlay recoveries, many do not realise this includes recovery for fraudulent claims on insurance. Fraudulent claims have a severe impact on the insurance industry, causing premiums to rise for all policy holders. Seeking recovery of the losses not only minimises this impact, it also demonstrates … Continued

Blog Insurance Litigation: Property News

October 3, 2017
by Lyons Davidson

Insurance subrogated claims against employees

Subrogated claims come in many guises, not just the obvious ones relating to property or motor damage. The recent case of Pemberton Greenish LLP v Jane Margaret Henry [2017] All ER (D) 151(Feb) , which concerns an employer’s insurer pursuing an employee for losses arising from their allegedly negligent and dishonest actions, is a good … Continued

Blog Insurance Litigation: Property News

June 12, 2017
by Lyons Davidson

Late payment of insurance claims: understanding the new rules on reasonable time

On 4 May 2017, legislation came into effect that implies terms into new contracts of insurance. Following the commencement of the Enterprise Act 2016 on that date, the Insurance Act 2015 was altered to provide that sums due under all contracts of insurance will be paid to the person who is insured within a ‘reasonable … Continued

Blog Insurance Litigation: Property News

March 13, 2017
by Lyons Davidson

Stumped? Proving liability in subsidence claims

Before the Court of Appeal’s decision in Berent v Family Mosaic Housing and Ors [2012, EWCA Civ 961], it was commonly accepted in subsidence claims that, in order to establish the foreseeability of subsidence, a claimant simply had to show evidence of a large tree close to an old property, founded on shrinkable soil. As … Continued

Blog Insurance Litigation: Property News

February 1, 2017
by Lyons Davidson

Car insurance and property damage

It is easy to think about car insurance only in relation to motorway pile ups or collisions on roundabouts. However, there are many other ways in which a vehicle can cause other kinds of injury or loss to other people, including homeowners. While an injured party could be a pedestrian or another vehicle owner, it … Continued

Blog Insurance Litigation: Property News

December 28, 2016
by Lyons Davidson

Company that failed to advise about minimum security standards needed for insurance must pay damages

In RR Securities & Ors v Towergate Underwriting Group Ltd [2016], the claimant, RR Securities Ltd, was awarded damages against insurance broker Towergate Underwriting Group Ltd (the defendant), on the basis that they failed to advise that there was a need for minimum security standards to be met at its premises as a condition of insurance … Continued

Insurance Litigation: Property News

July 25, 2016
by Lyons Davidson

Third Parties (Rights Against Insurers) Act 2010

The Third Parties (Rights Against Insurers) Act 2010 comes into operation on 1 August 2016. This will allow claimants to recover compensation directly from insurers where the defendant is insolvent. This will make it easier for claimants to recover amounts from insurers, although they will still have to show there would have been liability against … Continued

Insurance Litigation: Property News

July 19, 2016
by Lyons Davidson

Landlords’ insurers and the right to pursue subrogated claims

The case of Frasca-Judd v Golovina [2016] concerned subrogated claims by a landlord’s insurers against her tenant for damage the tenant caused to the property. However, the court held that the landlord had taken out an insurance policy in her sole name, pursuant to the lease, for the benefit of both landlord and tenant, and … Continued

Blog Insurance Litigation: Property

October 28, 2015
by Lyons Davidson

Recoveries from removal companies Part 3 – all change for limitation clauses

The Consumer Rights Act 2015 (CRA), which came into force on 1 October 2015, applies to every consumer contract formed after that date. Where that contract is for removals, the changes introduced by the CRA to the limitation of liability are very significant. Limitation clauses: limiting liability from breach of an implied duty for reasonable … Continued

Blog Insurance Litigation: Property

October 21, 2015
by Lyons Davidson

Recoveries from removal companies: part 2 – limitations on liability

Claims against removal companies for damage caused to items that were in their control during the process of removals, transport and storage will normally be based on negligence, breach of the removals contract and bailment, which was examined in detail in Part 1. In this article, we turn to look at limitations on liability. Bailment … Continued

Blog Insurance Litigation: Property

October 14, 2015
by Lyons Davidson

Recoveries from removal companies: part 1 – heads of claim

Lyons Davidson’s Property Insurance Litigation team is often asked to pursue claims against removal companies for damage caused to items that were in their control during the process of removals, transport or storage. This article is about claims arising from those circumstances; however, the points about bailment apply equally to other relevant situations. Legal bases … Continued

Blog Insurance Litigation: Property

December 14, 2014
by Lyons Davidson

Appliance fires and the Consumer Protection Act

In the most important case concerning the Consumer Protection Act 1987 this year, the Technology and Construction Court revisited the principles to be applied when considering a manufacturer’s statutory liability. Technology and Construction Court The case is Michael Hufford v Samsung Electronics (UK) Limited [2014], which was heard at the Technology and Construction Court in … Continued

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