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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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