Fire Damage Claims
Fisher Scoggins
Waters' has acted for clients throughout the UK following
fire damage claims, insurance indemnity
disputes and recovery actions.
We are well known for major disasters cases such as the
Cutty Sark Fire and the Buncefield Disaster.
Our experience and current
fire damage cases have and
continue to include:
- Commercial/Industrial Property
- Warehouses
- Factories
- Manufacturing Plants
- Office blocks
- Hotels
- Military and Defence sites
- Oil/petrochemical refineries
- Residential (such as new builds including timber framed
houses, listed buildings and stately homes, as well as apartment
blocks).
Insurance Dispute Solicitors
Our team has expertise in relation to policies covering damage
to property caused named perils such as fire, lightning and
explosion and understand issues arising under such policies,
including policy construction and the full range of
conditions (including conditions precedents) and policy
exceptions (for example notification, wilful default and
fraudulent claims)
Business Interruption Claims
Business interruption losses which flow from an insured peril
i.e. fire and accurate loss sustained measurements are often the
most complicated and contentious element of a claim. We instruct
and work with forensic accountants to analyse and advice on
initial business interruption loss reserves, calculating actual
loss sustained, loss of production and/or sales, and advice on
mitigation and expediting expenses.
Subrogation Recoveries
Following major fire damage we advise on any potential recovery
action against those who caused the fire, professionals who
designed or constructed the building or those responsible for the
installation and maintenance of fire detection, prevention and
suppression systems which may have failed.
Expert Evidence
We recommend and work with a wide range of professional experts
such as forensic scientists, structural engineers, chartered
architects and forensic accountants.
Expert analysis of a fire damaged building will
normally be required to understand not only the cause of fire and
identify potential liability but also understand what if any of
the structure can be saved and what recoverable losses flow from
the damage.
Detailed structural analysis may well be recommended to
understand what if any of the structure can be saved. Whilst most
of the damage is clearly visible some damage may not. Foundations
can suffer from collapse loadings and experts may be required to
determine whether they can be reused.
Significant cases in which our team are or were
involved include:
- QinetiQ Holdings Limited -v- BAE Systems
(Operations) Limited [2008] (TCC)
Major fire in a laboratory leased to Defence Science and
Technology Laboratory (DSTL), an agency of the Ministry of
Defence. The fire originated in an anechoic chamber in which
plasma experiments were taking place. The Chamber was destroyed
and the Building damaged substantially by smoke. Claimed £1.3
million.
- Shepherd & Neame v EDF Energy Networks
(SPN) PLC [2008] EWHC 123(TCC)
A £3.3 million claim following the devastation by fire of six
listed buildings on Butchery Lane in the centre of Canterbury. A
multi party action involving nine claimants and six defendants
(including Part 20 defendants). Acted for insurers and first
defendant.
- Cutty Sark Fire [2007]
On 21 May 2007 a fire swept through the famous 19th Century
ship Cutty Sark which was undergoing a £25 million restoration.
Acting for interested contractors. Investigations still
ongoing.
- Buncefield Fuel Depot Explosion
[2005]
Major fire and a series of explosions on 11 December 2005 at
the Hertfordshire Oil Storage Terminal, located near the M1
motorway by Hemel Hempstead in Hertfordshire, England, one of the
largest oil-products storage depot in the U.K. Acting for
Insurers and suppliers of gauges and telemetry equipment.
- National Trust -v- Haden Young Ltd [1996] 72
BLR 1
Recovery action following a major fire at listed National
Trust property (Uppark House) in the region of £22 million.
- Beoco -v- Alfa Laval [1995] OB 137
Refinery explosion. Explosion of a heat exchanger at the
claimant's works at Bootle, Liverpool. No one was injured but
significant property damage and business interruption losses.
Issue: indemnity and recklessness.
Beoco -v- Alfa Laval [1995] OB 137
-
If you would like more information on how Fisher Scoggins Waters could make a difference
to your Property Damage related insurance work, please
contact us by telephone 0207 993 6917 or email
Charlotte Waters or
Alison Heard .
