subrogated recoveries: case examples

Chris was the mediator in a £340,000 subrogated recovery claim by a hospital’s insurers against a contractor whose actions it said caused water ingress damage its Radiology Department’s electronic equipment. Interesting issues around what constitutes a ‘storm’ and/or a ‘flood’ (both of which were excluded from the contractor’s responsibility). Claim settled at mediation.

 

Chris was the mediator in a £340,000 flood damage claim. Insurer Co-Defendants disputed causation of the consequential loss claim in principle. There were also coverage issues generally. Claim later went to full trial.

 

Chris was the mediator in a £100,000 claim involving insurance recoveries following a commercial vehicle fire.  Interestingly this mediation took place after the trial of the matter, pending the Court of Appeal’s consideration of the matter.  Very interesting issues around the burden of proof where little or no evidence existed as to which of three possible causes of the loss was the actual cause.  Claim settled at mediation.

 

Chris was the mediator in a £100,000 flood damage claim against the water company for alleged negligent failure to maintain a sub-pumping station. For various reasons (conduct was very much in issue) the claimant’s costs were £680,000. Settlement discussions ongoing following the mediation.

 

Chris was the mediator in a £65,000 recovery claim by insurers against the water authority for flood losses. Non-return valves was alleged to be faulty. Considerable dispute about mitigation of loss. Claim settled at mediation.