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DROPPING IN ON WEIGHTMANS’ PROPERTY DAMAGE TEAM

 



 


JANUARY 2024

The Property Damage team at Weightmans comprises of fee earners at every level
who, between them, have vast experience in all aspects of property and business
interruption insurance.

Our team is led by Alice Wilson, a partner based in our London office. Alice is
assisted by Joanne Williams and Sarah Finnigan, both Legal Directors in our
Manchester office. We provide a joined up national offering for our insurer
clients and pride ourselves on guiding all our clients through a range of
property damage issues, including coverage and defence disputes arising from
fires, flooding, theft, building collapse, subsidence and explosions.

Weightmans’ Property Damage Team thrives because of the people in it. We truly
enjoy working together and are each other’s biggest cheerleaders, day in day
out. This is reflected in the holistic team approach we adopt when servicing all
of our clients who reap the benefits of a multi-faceted service provider.

Here’s a taster of what Alice, Joanne and Sarah in the Property Damage team are
currently up to...

 


WHAT IS CURRENTLY ON YOUR DESK?

Alice: No day is ever the same. As the lead Partner I work closely with all
members of the Property Damage Team on their cases, and also to support them
with their career goals moving forward. Day to day I deal with some of the most
complex cases in the team. Two new coverage instructions have just landed and
involve a real variety of issues ranging from data protection to modern slavery.
A really interesting start to the new year!

Joanne: My role is hugely varied. This week I have prepared an agenda for our
team meeting and assisted with settling in the newest members of our expanding
Property Damage team! I have also prepared instructions to Counsel on a
significant flooding case and attended an expert meeting on a complex product
liability dispute.

Sarah: I am one of the newest members of the Property Damage team and have loved
every second so far. The range of work that lands on my desk is second to none –
whether that is a case I am running myself, a matter I am supervising an
Associate on, or a complex coverage advice I am working with Alice on. Today I
have worked on three very different files – two coverage advices following a
large fire and theft, and a defended liability dispute arising from alleged
environmental contamination that I am progressing in conjunction with the
Weightmans’ Environmental Team. 


ARE YOU SEEING ANY PARTICULAR TRENDS WITH PROPERTY DAMAGE CLAIMS AT THE MOMENT?

Alice: We are really starting the see the impact of the massive socio-economic
changes that rippled through the world in 2023. The knock-on effects of
inflation are finally being felt by insurers as more and more exaggerated and
dishonest claims land on desks. Arson is a real consequence of this. In addition
the extreme weather brought about by climate change has seen an increase in
flooding claims.

Sarah: I would agree with Alice. The increase in coverage instructions arising
from potentially fraudulent claims has not gone unnoticed. In addition, more
generally, my sense is that insurers are becoming increasingly attuned at
spotting and referring to us potential non-disclosure and misrepresentation
issues as soon as a first party claim lands on their desks. The high interest
rates that are hindering the housing market are also seeing increased levels of
homeowners ‘digging’ down for more space by way of basement conversions. This
has, in turn, led to an increase in basement flood claims arising from poorly
installed tanking and/or drainage systems.

Joanne: From my perspective, I am seeing a real flurry of subsidence
instructions and a number of cases involving fires thought to have been caused
by lithium ion batteries as customers look to become greener and turn to
electric vehicles.


WHAT SHOULD HISCOX BE MINDFUL OF IN THE PROPERTY DAMAGE SPACE IN THE COMING
MONTHS?

Alice: Certainly the impact of the Fixed Recoverable Costs Regime. This will
have a real bearing on strategy when dealing with subrogated recovery claims
worth less than £100,000, for example. Insurers will have to carry out even more
stringent costs v benefit analysis going forward. This applies to low-mid value
defended liability matters also. In addition, as already noted, Hiscox will be
keeping even more of an eye out for potential coverage issues on first and third
party claims. Weightmans can of course assist with exploring any of these
points.

Joanne: An uptick in fraudulent claims. Usually where there has been an economic
downturn there is a lag between the height of it and an increase in fraudulent
claims. We might just see these hit a peak next year. Property insurance fraud
is now one of the most prevalent types of insurance fraud. We can offer bespoke
training to the Hiscox Property team on this if it would be useful.


WHAT DO YOU DO OUTSIDE OF WORK?

Sarah: I think a common theme for all three of us is servicing our young
children who take up all of our free time! I have a 2 year old and 4 year old
who keep me on my toes. I also try and catch up with friends when I can (often
in a soft play!), do some pilates, and switch off with reality TV!

Alice: Spending plenty of time with my 4 and 6 year old children, trying to
catch up on sleep and where possible try nice places for meals out, catching up
with friends in London, watching and playing music and most nights just getting
stuck into a good box set!

Joanne: Ferrying my sons to their various activities! When not doing that I
enjoy being outdoors, walking in the Peak District near where I live, supporting
my local Football Team (Stockport County), cooking and watching live music!


FINALLY, HOW DOES WEIGHTMANS’ APPROACH FIT WITH HISCOX’S OWN VALUES?

Sarah: People and interconnectivity are at the heart of both businesses.
Weightmans strive to ‘see the possibility’. Hiscox’s goal is to give people the
confidence to see their ambitions. My own interactions with Hiscox’s claims
handlers over the years has demonstrated to me that they are passionate about
what they do, and want to work with their service providers to build something
great. This mirrors Weightmans’ mentality.

Alice: I entirely agree with Sarah - the two are very much aligned. Weightmans’
Property Damage team prides itself on being responsive and straight talking. The
way the team works together, its culture and ethos is strikingly in line with
Hiscox’s values. The team is all about inclusivity; from the most junior team
member upwards, everyone plays their part and all ideas are heard. Integrity is
also at the forefront of how we work; we will always put the client (and its
policyholders) first.

This is clearly the Hiscox way too, the core values, which include integrity and
connectivity are so close to our own and that is one of the reasons we enjoy
working with Hiscox so much. I particularly enjoyed looking out for the Hiscox
billboards as part of the recent advertising campaign. These were so original
and refreshing and certainly made the wait for the train a bit more
entertaining!