Special Interest Group:

Liability

Understanding what has caused loss or damage is a fundamental aspect of claims handling and for liability adjusters this extends to establishing whether an individual or business is liable for loss or damage suffered by a third party. The CILA Liability SIG Committee is a group of liability adjusters who are well practised in the investigation, defence and negotiation of liability claims. The committee supports the Continuing Professional Development (CPD) of CILA members by delivering seminars, typically including a round up of latest legal cases, throughout the year at numerous UK locations.

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SIG Committee

Chairman

Martyn Gabbitass - QuestGates

Members

  • Simon Burley - Camford Sutton Associates
  • David Clough - Davies Group
  • Nick Croan - Amedeo
  • Irene Davies-Foo - Cunningham Lindsey UK
  • Graeme Drysdale - Hawkins
  • David Fillingham - McLarens
  • Adrian Foster - vrs Vericlaim
  • Mike Marston - OHES
  • Douglas Murphy - Cunningham Lindsey UK
  • Sarah Reynolds - GM Consultant
  • Andrew Robinson - Cunningham Lindsey UK

Latest Updates

A Guide to Pursuing an Effective Recovery Action in Europe and Beyond

This session looked at the ways to ensure that you can effectively pursue a recovery action in other jurisdictions. This covered various issues including initial analysis, limitation periods, costs, local lawyers, timing and the importance of a court appointed expert. Practical guidance was also given on how to overcome these problems illustrated by case studies. The session covered the EU, China and India as examples. Shane Sayers, a partner with Kennedys provided an international lawyers perspective.

Speaker:
Shane Sayers, Partner, Kennedys in London

CILA Conference 2016 - A Guide to Pursuing an Effective Recovery Action in Europe and Beyond

 

The CILA Liability SIG have hosted two seminars in the first half of 2016.

The first was entitled “Financial Loss & Sporting Liabilities” and was held at the BLM offices in Birmingham on Wednesday 18th May. Martyn Gabbitass of QuestGates and Chair of the Liability SIG opened the event with a talk on financial loss. Martyn explained how financial loss can arise in the context of liability claims and discussed the legal position, along with typical policy covers. Craig Faulkner, Complex Loss Specialist at Cunningham Lindsey UK then gave an overview of the current approach to sports and recreation claims, including the duty of care owed to players, spectators and officials. He covered landmark cases that have shaped the current legal framework and more recent case law. Our thanks to both speakers and BLM who kindly provided their premises.

The second seminar was entitled “Financial Loss or Injury?” and was held in Leeds on 21st June. David Fillingham, UK Head of Casualty at McLarens, first delivered a talk on financial loss (as described above). David was followed by Dr Ian Tatner, Senior Associate at Hawkins who explained their approach to the investigation of pedestrian slips and falls. Dr Tatner used case studies to illustrate the process and gave a fascinating demonstration of the pendulum test equipment. Both subjects prompted plenty of questions and debate from the attendees. Our thanks again to the speakers and our sponsors, Hawkins, who hosted drinks after the seminar.

The Liability SIG held a seminar at the London Chamber of Commerce and Industry on 10 December entitled: ‘Out With the Old & In With the New’. The event was opened by Jonathan Clark, Deputy President of the CILA, and was attended by over 40 Adjusters, Brokers and Insurers.

Kieran Walshe, Partner of DWF LLP delivered the first presentation which covered the Insurance Act 2015, with specific emphasis on what it means for the Liability practitioner. Craig Faulkner, Complex Loss Specialist at Cunningham Lindsey UK then gave an overview of the current approach to sports and recreation claims, including the duty of care owed to players, spectators and officials. He covered landmark cases that have shaped the current legal framework and more recent case law. Martyn Gabbitass, Chairman of the CILA Liability SIG and Technical Director at QuestGates, then concluded proceedings with liability cases that have ‘hit the headlines’; from vicarious liability through to Policy liability, covering Employer’s Liability, Public Liability and Product Losses.

Presentations

The Liability SIG developed a really informative 90 minute seminar for CILA members, covering both environmental liability and cyber insurance claims. This seminar was delivered in Birmingham, Leeds and Bristol, and the Institute are incredibly grateful to the speakers for volunteering their time and sharing their experiences.

Mike Marston of OHES Environmental Ltd. and a Fellow of the Institute first outlined the ways by which liability can arise in instances of environmental damage. He then discussed the policy cover that is typically available under public liability policies and environmental insurance policies; using case studies to show how claims have been resolved in practice.

Sarah Reynolds of Charles Taylor Adjusting Ltd. and an Associate of the Institute was the second speaker, and provided a fascinating insight into the world of cyber-attacks. Sarah explained the terms and acronyms that are used in relation to cyber security and the common methods of attack. Sarah then described the types of claim that can arise, the typical cover that is available under insurance policies and the current risks.

On 3rd December 2014 the Liability SIG held a morning seminar in London. The event looked at three very different subjects but all with relevance to liability claims handling.

The Liability SIG held a Seminar in London on 3 December entitled: ‘Big Brother, Another ‘ERA’ and Water Games’. Over 50 Adjusters, Brokers and Insurers attended and Mike Jones President opened proceedings with his view on the year ahead. Tim Young of Surveillance Group/Netwatch gave a very enlightening talk on how interrogating social media can influence responses to claim circumstances and subsequent handling/investigations. Martyn Gabbitass of QuestGates, and Chairman of the Liability SIG, covered the issues arising following the introduction of Section 69 of the Enterprise & Regulatory Reform Act and how this has affected the EL claims arena. Finally, Andy Bryce of Hawkins, who are sponsors of the Liability SIG, provided insight – with actual examples on display, into the causes of corrosion in water apparatus and their impact on potential legal liability issues arising. A varied programme, covering a wide range of liability issues.

Presentations

Liability SIG in association with:

  • Hawkins