Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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Insurance & reinsurance
Specialist solicitors
long established in the litigation of
complex claims under insurance and
reinsurance contracts
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Solicitors
here conduct insurance related litigation and
arbitration for clients throughout the United
Kingdom and abroad. Our solicitors have the
experience and resources needed to undertake the
substantial work involved in insurance claims. We
are experienced in conducting litigation on behalf
of claimants and defendants and can handle a full
range of issues from personal injury and
negligence through to property damage. We have the
expertise needed to deal with litigation in the
small claims court as well as the most complex
high value disputes.
Solicitors in
our specialist unit have also been engaged since
1986 in reinsurance work for London Market and non
UK reinsureds and reinsurers. Our solicitors have
run successful collections programmes for
companies and syndicates in run-off, conducted
complex litigations and arbitrations for and
against companies in the United Kingdom and
throughout the world and have advised on most of
the contentious issues to have arisen in relation
to the reinsurance industry since the mid-1980s.
In all cases, we
will be driven from the moment we are engaged to
establish your best way forward. We will issue our
recommendations on realistic options for early
resolution whether through settlement or
arbitration, having considered the relevant
factors under UK and European law. Our disciplined
approach to overhead costs and our independence in
the marketplace make us a real alternative to the
big-name law firms.
You will be in a
position to make an informed decision about your
next steps after considering our clear and concise
analysis. We will always explain the financial
implications of pursuing a particular course of
action, so that your exposure can be managed from
the outset.
Contracts
of insurance and reinsurance
Contracts
of insurance and reinsurance are not
defined in statute, but various
definitions can be found in the insurance
and reinsurance case law.
A general contract of insurance can be
said to exist if an insurer undertakes in
return for the contract price to pay money
if a certain specified event occurs which
is both uncertain and damaging to the
insured.
A contract of reinsurance was defined in
Delver v Barnes (1807) as:
“…a new
assurance effected by a policy on the same
risk which was before insured in order to
indemnify the underwriters from their
previous subscriptions; and both policies
are to be in existence at the same time.”
It may be more accurate to regard
reinsurance as a type of liability
insurance protecting the insurer against
possible liability to an insured. It is
possible for a contract of reinsurance to
be in place before the underlying
insurance contract.
Insurance contracts do not need to take
any particular form. Indeed they do not
need to be in writing. In most cases
however they will be evidenced by a
written contract referred to as the
insurance or reinsurance policy. In
relation to employers’ liability and motor
insurance there are certain restrictions
as to what a contract can provide.
Typical clauses that can be expected in an
insurance policy include:
- Type and scope of
insurance cover
- Value of cover
- Triggering events that
will make the insurance operative
- Exclusions expressly
providing what is not covered
- Conditions (the breach of
which entitle the insurer to claim
damages from the insured)
- Conditions precedent (the
breach of which can discharge the
insurer from any liability)
- Warranties (something
which the insured promises to be true
and which must be true if the insurer is
to be liable under the policy)
Before
entering into a contract both parties
are required to comply with a duty of
utmost good faith. This means full
disclosure of all material facts.
Failure to comply by the insured can
allow the insurer to avoid the contract.
Reform is being considered in this area
in relation to consumer insurance
contracts however and it may be that in
the future only information specifically
asked of the insured in a questionnaire
will need to be disclosed.
Typical clauses in a reinsurance policy
would include:
- Right
to inspect the records of the
reinsured
- A
follow settlements clause seeking to
bind the reinsurer to settlements by
the reinsured
- Claims
cooperation or claims control
clauses allowing the reinsurer some
input in claims on the insured risk
made against the reinsured
- Arbitration
clause
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Commercially
focused and fully transparent
costings
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Insurance
and reinsurance dispute resolution
Insurance litigation can
involve a multitude of issues that
require careful consideration by
an experienced solicitor. It may
be necessary to conduct extensive
research into the surrounding
facts of the dispute to identify
if the liability claimed can be
established in court. Knowing the
relative strength of the claim
either as a claimant or defendant
in any litigation provides a firm
foundation for conducting
negotiations going forward.
Careful and thorough
analysis of the insurance contract
governing the relationship between the
parties is also often a vital skill.
Calculating the impact of a particular
clause on the possible outcome of any
litigation requires a solid grasp of
the principles of contract
construction and insurance law. Our
lawyers are abreast of the latest
developments in this field and have
the ability to identify the
significant details in even the most
complex documentation.
It is common practice for reinsurance
contracts to include an arbitration
clause. There may be other alternative
dispute resolution provisions such as
a requirement to submit the dispute to
a reinsurance mediator before
attempting arbitration or litigation.
If the reinsurance contract concerns
an issue which is technically complex
it may also contain a provision
requiring that issue to be referred to
expert determination before the matter
progresses. Where clauses such as this
are involved it is wise to keep an eye
on any limitation deadlines that may
apply to subsequent litigation.
Arbitration
clauses in reinsurance contracts will
vary in terms of the number of
arbitrators required, their experience
and qualifications and procedural
issues such as the exchange of
evidence and timetable. Instead of
making specific provisions the
contract may simply incorporate the
arbitration rules of an arbitral
society such as the Aida Reinsurance
and Insurance Arbitration Society.
Often arbitrators will be previous
directors of insurance or reinsurance
companies to ensure that the decision
reached reflects market practice.
Should
an insurance or reinsurance dispute go
to litigation there are usually
governing law and jurisdiction clauses
to consider. Minor claims could be
dealt with by any court in England
& Wales if those courts have
jurisdiction, but complex reinsurance
and insurance issues are recognised by
the courts as a specialist area and so
may be handled in the Commercial Court
by judges with experience of
reinsurance and insurance issues.
We
have proven time and again our
ability to fight our client’s corner
with flexibility and tenacity. We
will strive to make sure that any
insurance or reinsurance dispute can
be brought to a conclusion as
quickly and economically as possible
so as to minimise your expenditure
and inconvenience.
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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