Indemnity and policies
Advice and assistance in the drafting and interpretation of
insurance contracts across all classes of business.
The drafting and interpretation of insurance contracts is one of
the most fundamentally important issues for insurance companies and
underwriters, whatever the class of business. Precise, unambiguous
wording and interpretation is necessary to avoid costly disputes,
both in financial and operational terms, and to ensure commercial
objectives are achieved.
Weightmans' Indemnity and Policies team provide expert advice
based on lengthy, in-depth experience in this field. Our work is
typically related to personal injury, property damage
or construction projects, and we regularly receive
instructions from underwriters, institutions and commercial
organisations involved in these areas.
As an insurer or underwriter, institution or commercial
organisation, you can draw on our expertise in every aspect of
insurance law and practice. We regularly represent underwriters’
interests when arbitrating or litigating insurance disputes, where
our negotiating skills are at their most effective.
Specific issues we regularly deal with include establishing the
validity of insurance on the grounds of non-disclosure or
misrepresentation, and determining whether or not the policy will
respond to a particular claim.
We provide clear and straightforward advice, resolving matters
speedily where the prospects of a successful defence are remote,
and adopting a robust approach where underwriters have a cogent
argument, or where important matters of principle are involved.
As a major national practice, we can also bring in experts from
our Large Loss team, who offer specialist advice to the motor
insurance market on more complex and technical non-indemnity
issues. This includes advice on policy interpretation and insurers’
obligations under the Road Traffic Act and Article 75.
We also work closely with our London Market team who have a
breadth of experience advising insurers and reinsurers in the
London Market.
Currently, members of our Indemnity and Policies team are
working in a consultative capacity with the ABI to review the Law
Commission’s proposals for insurance contract law reform.