Indemnity & Policies
Client: Underwriters
Issue / Claim: An
£18m claim arose out of a construction project. There was a
considerable distance between the parties in respect of the meaning
and application of the main insuring clauses and the application of
exclusions and extensions to the policy.
Weightmans’ Investigation and
Action: We attempted to persuade the policy holder to
present a transparent claim in accordance with our interpretation
of the policy wording, but they would not agree. The case could not
be resolved by negotiation, so we activated the “QC “clause to
settle the dispute by means of arbitration.
Result: At arbitration, the
claim was eventually settled for less than £2m, including costs,
thereby resolving the case in the most cost effective manner
available.