Media - Flaxman Case Summaries
Here are some examples of recent smaller cases, but nevertheless important to the broker.
Farmers’ Combined Policy - Storm damage to buildings
The broker had requested the insurer issue a policy providing identical cover to that of previous insurers. In error, the new policy was issued without the storm peril. A storm claim was subsequently declined. The insurer offered an ex-gratia payment in return for the broker introducing more business over a given time. (Which it should not have done). When the extra business did not materialise, the offer to pay the claim was withdrawn. Flaxmans intervened and the claim was paid in full; together with our costs.
Commercial Combined Insurance - Damage to marquee
The insurance specifically excluded damage by storm. The Insured erected two marquees on site. One marquee was vandalised and the stakes securing the marquee were removed. The marquee blew down on a windy night and was badly damaged. Flaxmans was able to support the broker in showing that the “proximate cause” was malicious damage and not the specifically excluded storm peril. The claim was paid in full.
Shop Policy - Fire damage
An unoccupied shop was damaged by fire. Insurers were aware the property was unoccupied but nevertheless voided the policy for material non-disclosure. Insurers also maintained there was a breach of warranty as the building had not been kept clear of combustible materials; in fact tables and chairs remaining in the premises. Flaxmans was able to support the broker in asserting there had been no material non-disclosure; and the table and chairs kept on the property did not constitute combustible materials. The claim was paid in full.
Home Buildings Policy - Damage to wall
The claim had been accepted by insurers but there was a dispute concerning the amount to be paid. The partial repair to the external wall was not going to represent a full indemnity because the new section would not match the rest of the structure. Flaxmans supported the broker by referring to principles established by the Financial Ombudsman Service and a substantially increased offer was made; and accepted.
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