Property & Business Interruption
Coverage, causation and quantum in commercial and residential property insurance disputes.
We advise insurers and represent clients in disputes arising from damage to buildings, contents and other insured property. Our approach brings the physical cause of the loss, the policy response and the calculation of indemnity into a single analysis, while identifying any third-party liability and recovery issues at an early stage.
- Fire and water damage
- Reinstatement costs
- Business interruption
- Overlapping insurance
Establishing the cause and scope of damage
We examine the chronology of the incident, site evidence, maintenance records, expert reports and loss assessments. The analysis tests alternative explanations and distinguishes damage caused by the event from pre-existing deterioration or unrelated works. In fire and escape-of-water disputes, preserving physical evidence and identifying the relevant equipment, contractors and occupiers can be central to both coverage and recovery.
Policy response and indemnity
We assess insured perils, exclusions, extensions, sums insured, deductibles and the applicable basis of valuation. Where relevant, we consider underinsurance, overlapping cover and the respective interests of owners, tenants and other insured parties. Reinstatement and repair estimates are reviewed against the actual damage, the policy terms and the supporting records.
Business interruption and consequential loss
Where business interruption cover is engaged, the analysis addresses the required connection with the insured event, the relevant indemnity period and the financial evidence supporting the claim. We examine trading information, the assumptions used to calculate loss, additional expenditure and the effect of other causes of reduced activity. The aim is a defensible assessment of the insured loss, rather than an untested projection.
Recovery considered alongside the claim
Potential responsibility of contractors, suppliers, occupiers or other parties is considered before the evidential trail is lost. We assess subrogation and contribution prospects, contractual restrictions and the commercial merits of proceedings. Construction-specific issues are addressed in our separate Construction & Engineering practice.