Case Studies

A recent case involved Top Waste Management (TWM) – we have changed the name for the purposes of this case study. Top Waste Management  suffered a serious fire at its premises in January 2022.  The business included the short-term storage of waste, pending recycling.  Some of the waste stockpiles were located inside the Insured’s building; other stockpiles were stored outside, especially for piles of green waste with their potential for internal combustion. On this occasion, fire had broken out in one of...

The Insured was in the business of producing and supplying office stationery.  There was a significant fire in its paper store and a claim was made under the commercial combined policy. The policy covered four locations within a 20 mile radius of the main property.  However, the location of the discrete paper store had never been specified on the policy and so liability for the claim was rejected by the insurer. We investigated the matter and had to agree that the separate...

The Insured ran a clothing shop which suffered serious water damage as a result of a faulty water heater.  The company had two directors, one of whom was previously involved in an unconnected business which had gone into liquidation some years earlier. When the insurer discovered the details of this prior liquidation, the claim was refused and the policy voided from inception.  The insurer was able to show, from its underwriting criteria, that had it known about the liquidation, it would...

The following is based on a recent case that the Flaxmans team handled highlighting the risks involved when a leaseholder hands over the security of its investment in the lease to third parties over which it has no control.  PHOENIX is a property owner. In January 2019 Phoenix purchased the freehold of twelve flats.  The leaseholder arrangements were not without complication. The chain was: The freeholder is the XYZ Property Group as evidenced by a head lease The freeholder has granted a...

The temptation to deny a customer’s complaint is strong. No-one likes to be criticised and the thought of a complaint going to the FOS, or worse, to litigation and a PI claim, can send shivers down the spine. We recently handled a complaint for a broker that had all the hallmarks of a serious potential PI claim but actually turned out rather well for all parties. At a time when the reputation of the industry is at a ‘low ebb...