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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

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Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

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An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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