DAS Loss Assist appoint CCS panel member to Leeds laundry fire

DAS appointed CCS panel member Thompson & Bryan in February to deal with an extensive fire claim on behalf of a policyholder under their Loss Assist claims fees scheme.

Details of the work undertaken by T&B is set out below.

Initial work

We attended site within 24 hours and began the process of detailing damage to equipment and customer property. We discussed with the insured the business interruption cover available under the policy and alternatives they might consider to help them retain their customer base, including sub-contracting work to other laundries.

Potential indemnity issues

Following a meeting with the insurer it became clear that there were issues within the Statement of Fact provided by the insured that they wanted to investigate further, which could result in policy liability being denied.

The additional investigations included appointing a forensic scientist to establish the cause of the fire. This work involved taking statements from employees and interrogating the alarm and CCTV footage from the night of the fire. As these investigations progressed it became clear that the cause of the fire could result in the insured being in breach of policy conditions.

Quick action

We were determined to make sure that the insurer took into account mitigating factors that were in danger of being ignored.

We advised the client to instruct their own firm of forensic scientists and through our extensive network were able to recommend a suitable firm. The scientist conducted his investigation into the fire, which included analysis of the conclusions produced by the insurer’s forensic team and a review of the statements and CCTV recording.

Our scientist’s report concluded that the cause of the fire could not be disputed. It also raised a number of issues that could affect the implication of the policy requirements and whether insurers could rely on these to deny policy liability.

Throughout this process we maintained a constant dialogue with the client’s insurance broker, keeping them up to date with all the developments. This enabled the broker to make separate representations directly to insurers in support of the policyholder.

The result

Following the submission of our findings to the loss adjuster and after further negotiations, the insurer agreed to accept liability and deal with the claim under the terms of the policy.

This enabled us to immediately negotiate a substantial interim payment for our client and agree the machinery replacement costs so that the orders for new equipment could be placed quickly.

Summary

Without professional help the client would have struggled to reach a settlement with insurers. The combined efforts of the forensic scientist, broker and T&B, working in a coordinated way culminated in a positive result being reached.

The client was very impressed that we had access to similar professions as those appointed by insurers, which is one of the reasons why special praise must go to the client for having the foresight to purchase a DAS claims fees insurance policy from their broker.

Client comment

 “… From the first phone call and our initial first meeting I knew I had a formidable team representing me. The quality of the advice and manner in which it was given filled me with confidence. 

"Not knowing if the insurance were going to accept liability was so frustrating but John Leivers remained calm throughout, which really helped me to remain positive about the final outcome of my claim. He is a very shrewd negotiator and I am so pleased he was on my side. I cannot praise John Leivers and Thompson and Bryan enough.

"The £40 premium I paid for my claims fees policy is, without a doubt, the best £40 I have ever spent!”