Settlement reduced from £800k+ to £235k
All parties agreed settlement 3 days before the claim was due in court
Our client secured a 3-year contract extension
“We are about to sign a 3-year extension with our primary insurer. This was an easy decision for us due to the support they have given us in this matter, and I’m extremely conscious that this support is primarily based on the advice that Davies gave. Thank you for being so supportive of our position in this matter.”
This long running claim began when the roof on a new building failed after the building was complete, causing a great deal of damage. Two contractors had been involved in the build, with the main contractor carying out all works, except installation of the roof, which was the responsibility of the insured.
The cause of the roof failure could not be agreed, with a number of factors, including defective workmanship, being implicated. Working with our insurer client, we allocated the claim to an experienced loss adjuster, Michaela Robertson, to manage their claim.
This was a very complex and high value third-party property damage claim, complicated further by the fact that part of the claim related to the cost of rectification of defective workmanship, which of course was excluded from cover and therefore the insured’s direct liability. Such a situation can potentially bring the insured into conflict and dispute with their insurer, with significant risk of damaged relationships and complaints.
Michaela Robertson handled the case throughout, with support from the client. Michaela contributed her advice and expertise, managing relationships, communications, and negotiations. In addition, the client has been extremely supportive of the insured’s position. The collaborative approach enabled us to broker an agreement between insurers and their insured whereby the insured agreed to contribute £100,000 in respect of defective workmanship and insurers would meet the remainder of the claim, subject to liability being established.
The advice and support from Michaela meant that once contributions were agreed we could present a united front to the claimants. As a result of pursuing available arguments on liability and quantum the claim was settled 3 days before it was due to go to court at around quarter of the sum sought.
Michaela’s communication and expertise has been cited as a big influence throughout the claim. The level of communication encouraged between all parties, meant that everyone was brought in throughout, making it easier to reach a suitable agreement.
The claim was finally settled at £235k, and despite their maximum liability being agreed at £100,000, the insured offered to increase their share to 50% of the total settlement (£117,500). The increase in their offer was by way of thanks to insurers for their support and the support and work put in by Michaela to achieve an amicable resolution with insurers and thereafter with the claimants.
Michaela’s support to the client had a direct impact on the relationship between the client and their insured, with the insured agreeing to extend their contract by 3 years before the claim had been settled.
If you would like to learn more about our Casualty Claims and loss adjusting expertise, get in contact with Managing Director, Stephen Kavanagh on Stephen.Kavanagh@davies-group.com.
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