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Liability Claims Investigation Blood, Fire, Rubber and Smoke 24 September 2008 Tom Battell , Adjusting Solutions LLP Dav PowerPoint Presentation
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Liability Claims Investigation Blood, Fire, Rubber and Smoke 24 September 2008 Tom Battell , Adjusting Solutions LLP David Martin, Adjusting Solutions LLP. Introduction and Content. Presentations Tom Battell –Liability Investigation Overview David Martin – Product Liability Investigation

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Presentation Transcript
slide1

Liability Claims Investigation

Blood, Fire, Rubber and Smoke

24 September 2008

Tom Battell, Adjusting Solutions LLP

David Martin, Adjusting Solutions LLP

introduction and content
Introduction and Content

Presentations

  • Tom Battell –Liability Investigation Overview
  • David Martin – Product Liability Investigation

Workshops

  • Explosion Case Study
  • Case Study Feedback
  • Questions
slide3

Purpose

  • Widen understanding of investigation and strategy on liability claims
  • Improve performance in delivering the policy promise
  • Reduce risk of the “tail wagging the dog”
the approach
THE APPROACH
  • What has really happened?
  • When did event/breach and loss occur?
  • How did it occur?
  • Who are the parties?
  • Where is the alleged injury/loss/damage?
  • Why might there be a liability or a defence?

BE OPEN MINDED – NO PRECONCEPTIONS

BE NICE!

slide5

First Steps - Desktop (before visiting site)

  • Insured background/business/people
  • Previous losses/incidents
  • Market/competitors/customers
  • Web/Financial/Locus search
  • PR Issues
  • Legal Research
  • Coverage
  • Claimant(s) and representatives

BE PREPARED

slide6

First Steps - Site Visit

  • Safety
  • Create Good Relations
  • Evidence/Records/Circumstances
  • Experts/Statutory Bodies
  • Containment and Mitigation
  • Parties/Relationships/Contracts
  • Subrogation/Recovery Aspects

ALL EYES and EARS

slide7

Parties and Agendas

Customers

Adjusters

Lawyers

Insured

Suppliers

Assessors

Claimant (s)

Statutory Bodies

Broker

the investigation
THE INVESTIGATION

Which Route? Defective Product

Defective Workmanship

Inadequate Advice

Negligent Actions

Negligent Omissions

All of the above

Pure Accident

AVOID RED HERRINGS - HOOK THE MACKEREL NOT THE SPRAT!!

evidence gathering get it while you can
EVIDENCE GATHERING (Get it while you can!)
  • Physical Evidence
  • Recorded Evidence
  • Documentary Evidence
  • Witness Evidence
  • Expert Evidence
  • Circumstantial Evidence

PRESERVE WHILE ALLOWING MITIGATION

the legal route
THE LEGAL ROUTE
  • Contract, Tort, Strict or Statutory
  • Duty owed, Breach of Duty, Resultant Loss, Foreseeability
  • Contractual terms and UCTA
  • Limitation, Minors, Latent Damage
  • Effective date of action
  • Contributory Negligence
  • Subrogation

Don’t let the legal obscure the straightforward

slide11

Progressing the Claim

Quality Case Management

  • Manage Expectations
  • Salient and Tactful Enquiries
  • Appropriate Communication to All
  • Early Notice of Uninsured Aspects
  • Prompt Actions and Updates
slide12

Progressing the Claim

Quality Case Management – cont.

6. See the Whole Picture

7. Clear Strategy and Direction

8. Cohesive Assessment and Reporting

9. Continuous Financial Appraisal

10.Commitment and Impetus to Closure

slide13

Policy Application – or not

  • Damage/Injury must be sustained
  • Pure Financial Loss
  • Claims made or losses occurring
  • Retroactive dates
  • Conditions precedent to liability
  • Own property exclusion
  • Penalties and fines
  • Series claims and deductibles
slide14

Product Liability Investigation

  • Case Study
    • Leading edge print cartridge
    • Ink supplied to spec by TP supplier
    • Reformulation by TP causes blockages
    • All direct customer claims resolved – except one using standard terms
    • Negotiated agreement
    • Low value low volume account
    • Claimant’s customers high profile and badly affected
slide15

The Claimants position

  • Business badly affected
  • Replacement printheads
  • Additional expenses (engineers etc)
  • Loss of direct sales
      • hardware
      • software
  • Loss of indirect sales
      • hardware
      • software
slide16

Words, words and more words!

  • Sales & Purchase Conditions
  • Negotiated Contracts
  • Specifications
  • Installation & Usage Instructions
  • Statutory Requirements
  • Insurance Coverage
  • Legal Compliance
  • Statements
slide18

The Loss Pyramid

Potential

Scale, Exposure Risk and Cost Increase

slide19

Liable or just bluffing?

  • Statute
  • Tort
  • Contract
  • Territory
  • Custom
  • Appointment of team playing lawyer
slide20

Policy Application – or not

  • Product supplied (not service given)
  • Damage or not !
  • Pure Financial Loss
  • Claims made or losses occurring
  • Retroactive dates
  • Own product/component exclusion
  • “Rip ‘n Tear”
  • Series claims and deductibles
slide21

What’s it worth?

  • Injury, Physical or Financial
  • General, Special and Liquidated Damages
  • Measurement of Loss
  • Limitations
  • Mitigation effects
  • Savings
  • Structured Reserving
slide22

Subrogation

  • Often forgotten or left late
  • Preserve evidence, take statements
  • Give early notice and reasonable documentation
  • Offer inspection facilities
  • Enforce contract terms
  • Consider CFA options
  • Chase, Chase and Chase again !!!
slide23

Enterprising Solutions

  • Timing and Early Settlements
  • Win - Win agreements
  • Joint/Multi-Party
  • Cut Through Settlements
  • Reputational Risk Appeasement
  • Commercial Settlements
  • Apologies, Grovelling and all others forms of Repentance
conclusion
CONCLUSION
  • Be open minded
  • Desk top preparation
  • Thorough site investigation
  • Secure evidence - consider experts
  • Check legal routes and defences
  • Ensure quantum properly logged
  • Support mitigation
  • Be enterprising – create a resolution