Case Studies

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...

Mr Smith owned a timber holiday home located on a pleasant holiday park.  He let the property for short-term holidays and insured the home under a specialist holiday-let insurance policy arranged through Lloyd’s underwriters. The timber construction was duly declared, and insurers imposed a Fire Extinguisher Clause as follows: It is a condition of this hoilday-let insurance that two smoke alarms must be installed on the property. If you fail to comply… this insurance will not cover loss or damage caused...

A precision engineering company suffered a fire which was said to have started in the dust extractor of cutting machinery. Insurers were advised by their loss adjuster they could void the policy on the grounds that the Insured had failed to take reasonable care in the maintenance of their machinery. The Insured disputed the allegation for more than two years but failed to change the insurer’s decision. The broker referred the company to Flaxmans. We immediately recognised serious flaws in the loss adjuster’s...

A family home. This is a case of home insurance bought online. A fire destroyed the newly acquired family home but an alleged misdescription of information entered into the on line ’boxes‘ caused insurers to refuse indemnity. It shows the unintended risks to policyholders of inflexible fast-track quoting. With non-confrontational and pragmatic commercial reasoning and the application of insurance practice precedent it was possible, however, to present a case to insurers that allowed us to resolve the claim dispute. It is nevertheless a...