John Meredith-Hardy

Insurance

John is regularly instructed on coverage, indemnity & related disputes (including the duty of fair presentation) by insurers, the insured and insurance brokers in relation to non-consumer and consumer insurance.

Instructions include issues arising from:
• Insurance Act 2015, Consumer Insurance (Disclosure and Representations) Act 2012 & ICOBS.

• RTA insurance coverage, s.151 enforcement of judgments & recovery claims, the MIB, Article 75, uninsured & untraced drivers, and the Green Card scheme.

Recovery claims include damage by flood, fire, storm and theft. Underlying causes of action include negligence, nuisance and Rylands v Fletcher.

Product related claims include the Electrical Equipment (Safety) Regulations 1994, Sale of Goods Act 1979, Supply of Goods and Services Act 1982, Unfair Contract Terms Act 1977, Consumer Rights Act 2015 & Consumer Protection Act 1987.

John’s insurance work dovetails with his commercial and PI practices as insurance claims involve liability issues falling within these areas of expertise.

John provides seminars on commercial and consumer insurance, and road traffic insurance relating to accidents in the UK, with a foreign element and abroad.

Examples of cases undertaken:

Property Insurance

Tynefield Care Ltd others v New India Assurance Ltd – instructed by successful insurer following a 5 day trial in a claim for an indemnity for property damage following fires at a care home operated by Tynefield Care Ltd. When New India investigated the fires it was discovered that one of Tynefield’s directors had an insolvency history that had New India known of it, it would not have provided coverage. An indemnity for the fires was refused and the policies for this insured and six other related policies were avoided ab initio. Fair presentation of risk, shadow / de facto directorship were issues in the claim. All seven of the insured’s claims were dismissed and declarations ordered that all six policies avoided from inception. Judgment on Westlaw at [2024] 5 WLUK 700

W v Royal Sun Alliance Insurance PLC – acting in a claim for an indemnity following the theft and conversion of (about) 25,000 metric tonnes of iron skimmings from a steel mill in South America

Gage v Barnard – acting for insurers in a subrogated claim following the spread of fire between domestic premises following negligent work being undertaken by roofing sub-contractors

Hussain v New India Assurance Company Ltd – acting for insurers in a claim for an indemnity following destruction by fire of a care home; claim discontinued following service of the insurer’s defence

London Borough of Redbridge v Theori Investments Ltd – acting for the defendant in a recovery claim; claim discontinued following service of Defence & application to strike out

Keevil v Steele & Bray Ltd – acting for the defendant and its insurers in a claim for nuisance allegedly occurring between adjoining domestic and commercial premises

Carmichael & Sons (Worcester) Ltd v NIG – property insurance & indemnity claim successfully defended following a landslip

Thorpe v Cruze & Gallantree – destruction of neighbouring thatched premises by fire, causation and insurance indemnity

Walding & Savage v Singh & others – High Court trial – tenants successfully claimed insurance monies wrongfully taken by the landlord after premises destroyed by fire; freezing injunction before & after judgment

Medical & Professional Indemnity

I v Scottish Provident / Royal London Mutual Insurance Society – insurance coverage dispute concerning disability income benefit

P v Hospital & Medical Care Association – coverage dispute regarding medical expenses insurance

Downing v Chartis Insurance Co – coverage of personal accident policy following clinical negligence

Lloyd & others v The Charles Group & others The Stax Litigation ¬- independent financial advisers & professional indemnity coverage

Road Traffic Insurance

Keogh v Shakier & others – acting for the MIB by its alleged Article 75 insurer & in circumstances where the claim was defended on the basis of another insurer being responsible for coverage, the Consumer Rights Act 2015 s.49 & 50, Consumer Insurance (Disclosure and Representations) Act 2012 & ICOBS

NIG v Hussain & others – acting for insurers in a recovery claim pursuant to Monk v Warbey with Article 75, the Road Traffic Act 1988, s.151 and the MIB Uninsured Drivers Agreement being relevant to the claim

Corder v Boyd, D & MIB – RTA coverage and liability of car owners to those not permitted to drive

Wasley v MIB & UK Insurance – coverage dispute concerning RTA insurance where the accident occurred not on the road or public place; declaratory relief

Candemir v UK Insurance Ltd – trial regarding Road Traffic Act 1988, s.151 and s.152; claim dismissed on account of the absence of notice to the insurer as provided for by Road Traffic Act 1988, s.152(1)(a)

Recent insurance advisory work has included:-

• acting for insurers in claims for business interruption coverage during the Covid-19 epidemic

• advising and acting for insurers at mediation in a claim against insurance brokers and the insurer for an indemnity where the insurer had repudiated coverage on the basis of the insured’s breach of duty of fair presentation

• advising on employer’s liability policy terms, reimbursement and policy excess in the context of Employers’ Liability (Compulsory Insurance) Act 1969, Employers Liability (Compulsory Insurance) Regulations 1998 & Undertakings (Protection of Employment) Regulations 2006

• acting for an electrician and insurer in a claim for property damage by fire to premises in Scotland following alleged negligent work and in circumstances where co-insurance and JCT Option C applied

• advising an insurer on policy coverage regarding secondary exposure to asbestos and coverage by a contractor’s combined policy for claims by a third party not employed by the insured

• advising an insurer on coverage issues following storm damage to commercial premises and in relation to terms relating to occupation of premises

• acting for electrical sub-contractors and its insurers in defence of a subrogated claim following a fire causing damage to high value residential property that was allegedly caused by negligence

• advising an insurer on the recovery of its outlay following flooding to the highway and the escape of water into third party premises causing insured loss

• advising ATE insurers on coverage and costs issues regarding ATE insurance following bankruptcy of the insured and the Third Parties (Rights against Insurers) Act 2010

• advising the insurers of commercial premises following the catastrophic spread of fire from neighbouring commercial premises after a burglary and intentional or accidental fire setting by trespassers causing high value property damage

• acting for a manufacturer of decorative radiators and its insurer in a claim for water damage following an alleged defective manufacture of goods

• acting for a maintenance company of commercial oil pumping equipment and its insurer in a claim for damage caused by escaping oil following an alleged defective provision of services

• acting for insurers on policy coverage following damage by fire to a high value commercial vehicle due to a defect in equipment supplied by a third party and fitted to the vehicle

• advising an insured regarding coverage and the Insurance Act 2015 in relation to destruction by fire of a valuable classic car

• advising insurers on policy coverage following the sale of car, Road Traffic Act 1988 s.151 & 152 and the effect of Fidelidade-Companhia de Seguros SA v Caisse Suisse de Compensation (C-287/16) [2017] RTR 26

• advising road traffic insurers on RTA 1988, s.151(8) recoveries against the uninsured negligent driver and the insured passenger who permitted the driver to drive the vehicle

• advising road traffic insurers in a claim by Highways England Company Limited for the recovery of damages for property damage to motorway infrastructure following an insured’s road traffic accident

• acting and advising road traffic insurers in a claim for the recovery of damages for loss of use of a commercial vehicle following an insured’s road traffic accident