Our analysis of commercial insurance claim litigations and insurance trends and practices
The Mactavish Claims Litigation Index aims at tracking insurance litigation and claims performance and getting the market to focus on what really matters, the product you buy with your premiums, not just the premium itself.
Mactavish Claim Litigation Report
Every year, hundreds of insurance related disputes are lodged with the courts of England and Wales, representing billions of pounds worth of disputed insurance claims.
This is the sharp end of the industry, where insurers and their clients lock horns, unpicking insurance contracts, scrapping over exclusions, cover definitions and disclosures whilst battling it out to determine who owes what to whom.
The Mactavish Claims Litigation report summarises our conclusions from a review of well over 2,000 court claims issued over the last decade. Viewed together, the variety and volume of disputes lodged at the High Court provides an extraordinary vista on the culture and practice of the UK insurance market, particularly when it comes to understanding the pivot upon which the entire industry swings: how and when claims are paid.
Access your free report: Understand the reasons why insurers are rejecting claims and get practical advice to recover losses in the event of a claim.
Latest claim litigation cases
Oxford Colleges look to give Aviva a lesson in paying claims
Noise around Covid business interruption claims may have subsided, but the issue hasn’t gone away.
Read full article »Aviva subsidiary case means hopes rise for movement on compensation for delayed claims payments as judge rules that Section 13A claim should be heard at trial
Anyone pursuing a major or complex insurance claim will be only too aware of the misery of delayed payouts.
Read full article »Aviva Loses £2m Fraud Case Against Its Own Client.
Accusing a commercial insurance policyholder of fraud is too serious to be done without meeting the legal standard required.
Read full article »Zurich criticised in £2m house fire claim
Statements of Fact’ or ‘Statements of Insurance’, whereby insurers fill in policy questionnaires on behalf of their clients are a plague on our industry. I raised this at the BIBA conference in May. Speaking in a panel discussion on claims I warned delegates about the problems with these documents.
Read full article »Failure to disclose prompts £2m legal claims
One failure to disclose, two denials of coverage, multiple lawsuits dealing with issues of notification, prudent uninsured and broker liability – the case of Boyd & Company v Starstone Insurance et al, is a case study in how things can go wrong in broking, underwriting and claims.
Read full article »Insurers liable for war risk over aircraft stranded in Russia
It has taken more than three years and is likely to have cost tens of millions of pounds in legal costs, but the owners of commercial aircraft stranded in Russia after the country’s invasion of Ukraine should now get paid out.
Read full article »Insurance claim “Mischief” for super yacht owner – The time value of money is highlighted by this case!
One to watch. The owner of Australia’s largest superyacht, the 54m Baglietto-designed Mischief I, is suing a group of Lloyd’s insurers for £4m over an unpaid claim.
Read full article »Commercial insurance commissions can be a surprising World:
London Trocadero v Picturehouse Cinemas has just become required reading for all commercial property insurers, landlords and tenants.
Read full article »Claimants in $80m insurance fight bring legal claim with no policy documents
An $80m insurance claim for commercial aircraft lost in Russia following the country’s invasion of Ukraine is being pursued despite the claimant not having had sight of the relevant policy documents.
Read full article »Fire loss exposes problems inflation can bring to insurance market
A UK property company is having to sue their insurer over a £4m fire claim after the insurer refused to pay, raising arguments over the cost of the repair, proof of losses, the use of the building and the timing of when any payment should crystallise.
Read full article »Pub and hotel companies in parallel legal challenges on Covid Business Interruption claims
Fuller Smith & Turner Plc and Starboard Hotels Limited have filed matching lawsuits against their insurers for non-payment of business interruption claims relating to the Covid pandemic and lockdowns.
Read full article »Brian Leighton (Garages) Ltd v Allianz appeal
The Brian Leighton (Garages) Ltd claim v Allianz has taken nearly seven years to resolve and demonstrates how important it is to get policy wordings right.
Read full article »Allianz battling Covid BI claim with West End theatre group
International Entertainment Holdings Limited (IEH) has joined a growing number of companies suing their insurers over their failure to pay out for losses suffered during Covid lockdowns.
Read full article »Liberty Group filed a claim against its insurers for losses suffered during the pandemic
Liberty Group has joined the growing list of companies bringing Business Interruption claims relating to the Government imposed pandemic lockdowns.
Read full article »