Insurance
For eight years Jonathan was head of the Commercial Insurance Litigation department at the leading insurance firm, Keoghs. Whilst there he was responsible for a caseload of high value policy dispute litigation, defence actions on behalf of policyholders and subrogated recovery actions on behalf of liability or property insurers. From 2005 he was recognised as a leading practitioner in the field by both The Legal 500 and Chambers and Partners.
Handles all aspects of insurance litigation including the following:
- Policy coverage disputes including employers’ liability, public liability, contractors’ liability, motor and professional indemnity policy coverage disputes;
- Disputes concerning the application of policy terms and avoidance of policies;
- A broad range of subrogated actions arising from property damage, including defending such actions;
- Co-insurance disputes
- Actions involving the professional negligence of insurance intermediaries
- Actions for declaration proceedings under s 152 of the Road Traffic Act 1988
Insurance Cases
SELECTED CONCLUDED CASES
As a Solicitor:
Rexodan International Ltd v Commercial Union Assurance Co plc [1999] Lloyd’s Rep IR 495 – interpretation of condition precedent in an insurance policy
Patrick v Royal London Assurance (2006) 1 CLC 576 – interpretation and application of the word “wilful” in an exclusion clause in an insurance policy
John Reilly v National Insurance and Guarantee Corporation Ltd [2008] EWCA Civ 1460 – application of an exclusion clause in a liability policy
Examples of cases conducted as a Barrister:
Advice on insurance policy coverage following refusal of an indemnity, potential proceedings against insurance brokers and in relation to a claim against owners of a neighbouring property following a catastrophic building collapse
Advising in relation to a professional negligence claim against Lloyds brokers following a refusal by the Lloyds syndicate to indemnify under an insurance policy following a building fire.
Advising in relation to policy coverage following a claim by an injured claimant against the purported occupier of premises/purported policyholder
Advising insurers in subrogated recovery proceedings against a contractor following injury caused to a visitor to the policyholder’s premises
Defending a contractor following a fire in a thatched roof
Successfully securing a full indemnity for a policyholder after a refusal of indemnity following a catastrophic fire at the family home.
SELECTED ONGOING CASES
Representing a policyholder in a claim for an indemnity under a contractors’ all risk policy following a fire at a building. Indemnity has been refused for breach of a fire-precautions condition.
Representing insurers in various subrogated recovery proceedings including a claim arising from flooding caused following an under-floor pipe burst, from subsidence damage caused to the policyholder’s home, and an action against a contractor arising from water damage caused to computer equipment
Representing insurers being sued by a policyholder for an indemnity under a household insurance policy following damage caused by subsidence
Representing a policyholder in circumstances where a claim for fire damage to a commercial vehicle has been refused for breach of conditions.
