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11 September 2009 / Graham Smart
Issue: 7384 / Categories: Features , Expert Witness
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Quantum leap

Graham Smart on the pivotal role of loss adjusters in insurance related litigation

In achieving the profession’s qualification, chartered loss adjusters will be qualified not only in insurance but also other disciplines, having both investigative skills and expertise in loss measurement.

A particular area where loss adjusters come to the fore is subrogation actions. While not always possible, early appointment, pre-litigation, can deliver real value and allow a first party claim to be challenged before it is even concluded. This can result in significant savings in the cost of handling action by avoiding protracted debates after the event, when physical damage has long been reinstated. When litigation is commenced, the loss adjuster will first consider the settlement of the first party claim and ensure that this has been correctly concluded per the available cover.

Commercial actions

Commercial actions require loss adjusters to gain an understanding of the dynamics of the business, to appreciate the nature of the loss and likely affects at the time of occurrence. The loss adjuster should research the business, its trading

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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