Insurance Coverage Dispute

H&J took assignment from a company which had suffered significant losses arising from an arson attack.  The fire left the company in a precarious financial position which was exacerbated by its insurer’s refusal to pay out on its claims.  

The insurer had relied upon certain conditions set out in the policy which it claimed had not been complied with.  However, the wording of those conditions was unclear and arguably contradicted by other terms within the policy.  Following an assignment of the benefit of claims arising under the insurance policy, H&J asserted claims against the insurer seeking indemnity for the losses suffered by the fire.  H&J also sought further damages for the insurer’s failure to pay out in a timely fashion.  

H&J worked with expert insurance solicitors and also instructed an expert loss assessor to prepare a report valuing the losses suffered by the company.  Shortly before issuing the claim we served the expert report on the defendant insurer and offered a final opportunity to engage in without prejudice discussions prior to the issuance of proceedings.  We successfully negotiated a settlement shortly after a mediation between the parties.  

Our introduction to the litigation as a claimant with a sophisticated in-house litigation team and significant cash reserves demonstrated to the defendant that this case would go the distance if it was not settled.