header-logo header-logo

11 September 2009 / Graham Smart
Issue: 7384 / Categories: Features , Expert Witness
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll