From policy advice, fraud and policy interpretation, we’ve advised some of the world’s most influential insurance firms.
Take a look at the work we do with insurance companies.
In what is now a leading case on misrepresentation, Ledingham Chalmers successfully acted on behalf of insurance company NIG Bromley.
In the complex and high value case of Finsbury/United Central Bakeries v Spooner Industries, we advised on a high value commercial action in the Court of Session arising from a large factory fire.
We worked with NIG Bromley as litigation was pursued against the manufacturers of equipment used in the bakery.
The case was based on contract and violation of the law and included issues of misrepresentation and liabilities. The resulting value of the claim was £6.8 million resolved to £5 million on appeal.
Ledingham Chalmers successfully acted on behalf of insurance company Direct Line.
In the case of David and Vicki Cunningham v Gregor Cameron and British Gas, litigation was pursued against British Gas and the neighbouring homeowner.
Both defenders denied liability and blamed one another.
We attended an eight-day trial before Lord Tyre, and the resulting judgement was issued in favour of the insured against both British Gas and the neighbour.
Damages of around £300,000 were recovered and expenses of £80,000 were also claimed.
Ledingham Chalmers successfully defended a complex action in relation to the alleged negligence of a taxi driver, and his motor vehicle insurers.
In the case of Little v Glen/Tradex Insurance, the pursuer had been walking on a dark, unlit country road when a taxi struck him. He was rendered quadriplegic.
In addition to road traffic accident reconstruction experts, this was the first time in Scotland, and potentially in the UK, that a court had had to consider the evidence of a cognitive psychologist regarding visual perception and situation awareness of a driver and how it relates to the visibility of pedestrians.
Evidence was that that while a pedestrian might be there to be seen, the brain often doesn’t register the pedestrian immediately if the driver has no expectation that a pedestrian might be there.
The court held that there was not reliable evidence to establish that the taxi driver would have seen the pursuer in time to stop, had he been using full beam headlights. The defenders were accordingly assoilzied.
Ledingham Chalmers successfully defended an occupier’s liability claim at proof, and appeal, recovering costs from the pursuer and his insurers.
In the case of Dawson v Page, the defender, insured by Direct Line, was sued on the basis of occupiers’ liability.
The pursuer, a courier, suffered serious injury after slipping on a wet plank when visiting the defender’s property to deliver a package.
The property was undergoing renovation works and was unoccupied.
The claim was successfully defended at Proof there being no duty to guard against or warn of obvious hazards. The decision was appealed and the Appeal successfully resisted.
It was held that no liability attached to the defender, as there was no hidden or latent danger giving rise to any obligation to take precautions or put up barriers.
Third party rights in construction — can you teach an old dog new tricks? - Will new third party rights legislation change contracts in the construction sector? Or will it be better the devil you know with collateral warranties remaining the preferred option?