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Fire -
- Fire engulfed a part of our public company client's Essex clothing warehouse, but early containment prevented a greater disaster. Nevertheless, the spread of carbon contaminated the stocks throughout the warehouse complex, even though each garment had been individually wrapped in polythene. The adjusters argued that these garments, with a retail value of £3.5 million, could be cleaned, or at least sold for a reduced price through their multiple retail outlets or through salvage dealers. Our client, a household name, was naturally concerned that their new season designer stocks should not make their debut on a market stall, or create a charcoal aroma in their classy shops. We persuaded the adjusters as to the serious long-term damage which our client would suffer if we followed their proposals, and so the claim was settled in full, plus half a million profit loss on sales they would have generated but for the fire. Insurers are obliged to take account of all the circumstances resulting from a commercial loss, not just those which suit them best.
- It was the spread of chemical vapours which caused more damage than the fire to our client's metal furniture factory in Bedfordshire. The insurers fought long and hard arguing that the contamination damage was not covered by the terms of the policy, bringing in all manner of forensic experts to support their case. They eventually agreed to pay for the damage to all the plant, machinery, stock and office equipment; temporary relocation, and the business interruption profit loss. However, they did not agree that our client's almost new factory required reconstruction, and considered professional cleaning and limited repairs would suffice, despite evidence that corrosive contamination had penetrated behind the fixed wall cladding. We engaged eminent City lawyers, but the insurers settled just before trial - better in their view to take a punch on the nose than perhaps create a legal precedent which would cost them many more millions with the cases yet to come. The client's factory was then rebuilt from scratch. The corrosive effects of deep-seated contamination will reduce the life of a modern factory, and the value in your balance sheet.
- The effects of fire were devastating to this historic pub in Exeter, one of the busiest and most profitable free houses in the city. The cause of the fire was uncertain, and although the insurers conducted extensive forensic investigation, they could not ascertain precisely how it started. Nor did they find any evidence of arson. The loss adjusters and the insurers remained suspicious and refused to accept liability, whilst they carried out in-depth investigation into our clients' personal history, fishing for a basis to reject the claim. Everything they asked had a credible answer, but they would not budge. We complained to the insurer over their loss adjusters' unreasonable conduct, and persuaded them that they had run out of both excuses and time, and that they should accept the claim. They agreed, and appointed a senior partner of the loss adjusters to handle the case from there on. The claim then swiftly progressed and was ultimately settled for over £600,000 including business interruption losses. The onus of proof of wrongdoing rests with the insurers - suspicion alone is not enough.
- Losing your home and all its treasured possessions, together with years of accumulated professional research material, is a very traumatic experience. Even more so when the loss adjuster (based upon an erroneous fire brigade report suggesting the cause was ignition by heated hair rollers left on adjacent to paper) accuses you of having started the fire. Well that is what happened to one of our single female clients with short straight hair, whose only rollers were in a cupboard missing its plug. And to cap it all - she had no contents insurance. When her surveyor proved there was no evidence of a plug in the socket where the brigade said the fire had started, she then brought us in to fight her corner. With the help of some legal muscle and independent forensic scientists, we demonstrated the fire had in fact been caused by building contractors burning off paintwork during external decorations, which ignited a sash cord, and then smouldered for some hours before developing into full blaze. Joining forces on this occasion with the building insurers, we sued the builders, whose own insurers conceded defeat on the first day of trial, and paid for all our clients losses. She was so delighted with the end result, she married our assessor! Sorry ladies, we only offer that level of service once per lifetime.
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