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.