Insurance

Farrar’s Building insurance barristers have extensive expertise and experience in dealing with a broad range of commercial and consumer insurance work. We undertake work across the entire range of non-marine insurance. Chambers has experience and expertise of handling all forms of liability insurance, business interruption, life, permanent health and critical illness insurance, and motor insurance.

We act on behalf of insurance brokers, policyholders, third party claimants and all the major insurers. Our experience in complimentary areas such as personal injury and professional negligence often proves an advantage and means that chambers can service the full range of litigation arising out of accidents and incidents. It also ensures that all of our barristers acquire considerable court room experience.

In the field of commercial insurance our barristers are instructed in claims concerning the application of the Insurance Act 2015, the fair presentation of risk and remedies available to insurers and insureds. Breach of warranty, terms not relevant to risk, and issues relating to fraudulent claims are frequently considered. Late payment of claims, contracting out and the applicability of the Third Parties (Rights against Insurers) Act 2010 are commonly the subject matter of instructions.

In relation to consumer and small business claims, members are instructed in claims before the Financial Ombudsman Service and in the Courts. Consumer Insurance (Disclosure and Representations) Act 2012 and qualifying misrepresentations are issues often advised upon. Breach of ICOBS and Financial Services and Markets Act 2000 s.138D claims, and Consumer Rights Act 2015 s.49 and s.50 and concomitant relief pursuant to statute, are issues considered by members.

Road Traffic Insurance is an important area in which members are instructed and in relation to RTA contractual insurer terms, claims against insurers for the satisfaction of judgments under RTA 1988 s.151 and s.152. Members also act in RTA, Monk v Warby and Article 75 recoveries, and cases involving the Motor Insurer’s Bureau Uninsured and Untraced driver agreements. Instructions include those with an international dimension where either the accident occurred abroad, or a party and/or the insurer is domiciled outside of the jurisdiction.

More generally, instructions include the construction of policy and treaty wordings, fraudulent claims, affirmation, waiver and estoppel, the law of average and underinsurance, claims co-operation clauses, subrogation and contribution.

Members are also instructed in recovery claims where the Consumer Rights Act 2015, Consumer Protection Act 1987, Sale of Goods Act 1979, Supply of Goods & Services Act 1982, Common law negligence and Unfair Contract Terms Act 1977 may be relevant to the claim. Such claims can include flood, fire and nuisance by trees & vegetation.

Our advocates appear in courts and tribunals at all levels throughout the jurisdiction. We offer a reliable, pragmatic and user friendly service. Members provide seminars to solicitors and insurers in relation to insurance issues, including commercial, consumer and RTA insurance both domestically and with an international dimension.