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NLJ this week: Triple cover, single mistake?

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How do overlapping insurance policies interact? In NLJ this week, Chris Bates and Jordan Ball of Penningtons Manches Cooper explore this question in Watford Community Housing Trust v Arthur J Gallagher Insurance Brokers Ltd 

The claimant, a housing trust, held three policies covering data breaches but only notified one, based on negligent broker advice. When losses exceeded the £6m recovered, the trust sued. The broker argued that ‘other insurance’ clauses limited total recovery to £5m. The court disagreed, ruling that the clauses cancelled each other out, entitling the claimant to the full £11m across all policies.

The judgment confirms that multiple insurance is lawful and beneficial—provided policies lack ‘rateable proportion’ clauses. For insureds, it’s a win for commercial common sense. For insurers, it’s a warning: if you want to limit liability, say so clearly. Brokers, meanwhile, are reminded that poor advice can prove costly.

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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