Property Insurance Disputes
Walker Morris’ specialist real estate litigators have extensive experience of managing, and resolving, almost every conceivable type of property dispute. Our dedicated solicitors regularly deal with and act for insurers, and understand the role insurance plays in a commercial context across the property sector.
Our specific real estate expertise means that we understand the nuances that can arise from dealing with property-related insurance claims. We are particularly proficient in property damage claims and pride ourselves on providing pragmatic, commercial solutions, and excellent client service.
Our capabilities
We offer a comprehensive property insurance dispute resolution service – providing everything from proactive risk management policy interpretation and coverage advice, through to strategic dispute resolution support and achieving recoveries and practical solutions for our clients.
Associations
We work with key players within the property insurance industry. We are on the panel for two title indemnity insurers, including one US insurer operating within the UK and we have strong relationships with trade associations, meaning we can provide market insight to inform our advice and our clients’ decisions. Team members have, for a number of years, provided training to the industry, and spoken at industry conferences and committee meetings.
Recent experience
Recent experience within this area includes (but is not limited to):
- Acting for an insurer in relation a claim in the Upper Tribunal (Lands Chamber) modifying restrictive covenants under section 84 of the Law of Property Act 1925, to allow a large scale residential development to proceed.
- Acting for an insurer in relation to the enforceability of a right of way and obtaining a Court declaration.
- Acting on a substantial property damage claim seeking damages totalling £2.6million and negotiating a settlement at mediation.
- Acting for a student developer in defending claims for nuisance and breach of rights to light in respect of a city centre residential tower development scheme.
- Advising insurers in respect of damage caused by flooding and water ingress and pursuing recovery from third parties in excess of £500,000 for property damage and business interruption losses suffered by the insured.
Key issues we can support you with
We advise insurers and property owners, in the freehold and the leasehold context, and in a number of different sectors, including retail and leisure, residential and commercial development, infrastructure and energy, and waste management.
We specialise in:
- Property damage claims.
- Assisting with major losses arising from fires and floods.
- Niche property disputes, such as rights to light claims, mines and minerals claims.
- Disputes associated with restrictive covenants, rights of way, ransoms and other defective title issues.
- Business interruption claims.
- Covid business interruption claims.
- Loss of rent claims.
…and more.
As well as offering commercial and risk management advice, we are experienced in all aspects of informal and formal dispute resolution.
We understand the importance of tailoring our approach to meet clients’ specific needs, on a case-by-case basis. We successfully undertake all forms of alternative dispute resolution, including mediation, alongside our extensive experience as formidable litigators.
Contact any member of our team to find out how we can support you.
Insights
