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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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