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Insurance

MacRoberts' Insurance team comprises members of our Commercial Dispute Resolution Group and Construction Group. We act for a number of insurers, particularly in high-value, complex disputes where specialism is essential. Our Insurance team have experience in advising the London insurance market in a wide variety of claims, with particular emphasis on claims under professional indemnity insurance.

MacRoberts' Commercial Dispute Resolution Group is one of the most respected and formidable in Scotland. Three lawyers in the group are qualified solicitor advocates and two lawyers are dual qualified (Scotland and England & Wales). We are regularly instructed in complex, high-profile matters and have an established reputation in court, particularly the Court of Session. MacRoberts has the largest Construction Group in Scotland with more Accredited Specialists than any other firm in Scotland.  This brings breadth and depth of experience across all sectors of the construction market and the resources to draw upon as client demands dictate.

Our solicitors can advise on all issues which arise as soon as a potential claim is intimated by an Insured - including policy coverage issues, claims advice based at dispute avoidance and, if necessary, efficient and expedient management of formal dispute resolution procedures. Our team have extensive experience in using all forms of dispute resolution and aim to resolve disputes at as early a stage as possible. Mediation is a tool regularly employed in an attempt to resolve disputes.  We also regularly advise on other forms of dispute resolution including adjudication and arbitration. We aim at all stages of our involvement to understand our clients' commercial aims and to add value over and above the legal services we provide.

Our Approach
As soon as a potential claim is intimated, our specialist team of lawyers are able to explore both contractual and commercial solutions available to our clients. Often, all that is required is to give some initial advice to the insured regarding arguments available and potential routes for resolution to allow them to move matters forward. In recent years, an increasing proportion of our work involves advising clients on law and strategy to allow them to reach a negotiated settlement. Increasingly, mediation is playing a much greater role in the resolution of disputes in Scotland and, where this is advantageous to our client, we will explore mediation at an early stage. Formal mediation training is provided to all our lawyers and one of our Partners is a CEDR Accredited Mediator

Some examples of our recent Insurance work include:

Coverage Issues

  • Advised on coverage issues in relation to a multi-million pound claim arising from defective cladding and a dispute as to whether there had been negligence falling within the terms of a PI Policy.
  • Advised on coverage issues arising from a defectively designed leisure development which issues related to the timing and extent of multi-million pound claims under a number of PI policies.
  • Acted for professional indemnity insurers in relation to coverage issues under an insurance broker's PI policy (the case against the broker being reported).
  • Advised on whether a PI policy provided cover in respect of a failure to take account of ground conditions when designing a commercial office development.
  • Advised on coverage issues concerning the timing and extent of multi-million pound claims relating to defective foundations of an office block.

General Commercial Litigation

  • Acted on behalf of insurers in connection with claims under the Commercial Agency Regulations.
  • Acted on behalf of insurers in connection with commercial fishing claim, arising from alleged pollution by insured's landfill.
  • Acted in connection with professional indemnity claims against a number of solicitor firms.
  • Acted on behalf of insurers in connection with alleged oil pollution of a salmon farm.
  • Acted on behalf of insurers of an insurance broker in the defence of Court of Session proceedings for alleged negligence
  • Acted on behalf of insurers in connection with claims (including a court action) in respect of damaged yachts.
  • We have considerable experience in defender personal injury work, including Sheriff Court and the Court of Session.

Construction-related Issues:

Defendant

  •  Successfully acted for insurers in the first House of Lords case concerning the Housing Grants Construction & Regeneration Act 1996 - Melville Dundas v George Wimpey & Norwich Union.
  • Acted for the PI insurers of a specialist steel work sub-contractor in a one million pound claim in relation to negligent design and installation of steelwork.
  • Acted on behalf of the PI insurers of an architect in relation to a dispute resulting from damage caused by the undermining of property during the construction of an extension.
  • Acted on behalf of the PI insurers of a design and build contractor following wind damage caused to the roof of a school.
  • Acted on behalf of the PI insurers of a consulting engineer in defence of a claim involving allegedly negligent design calculations.
  • Acted on behalf of PI insurers of a contractor in relation to a claim arising from an allegedly defective fire curtain.

Claimant

  • Advised in relation to substantial PI claims against a developer's engineer, project manager and solicitors following the failure of a concrete slab.
  • Advised in relation to a PI claim against engineers for increased costs due to errors in tender design.
  • Acted for householders insurers in connection with claims arising from allegedly defective roofing which blew off a block of flats.

Chambers UK Guide 2008 notes:

"This long-established Scottish outfit "operates seamlessly" to offer clients "an admirable service". Fans of the firm attest to its strong desire to understand clients, an attitude which means "you get total commitment from them, they're part of your team."

  • Neil Kelly - "garners deep respect from competitors and clients alike for his "thorough, knowledgeable and experienced" dispute work."
  • David Arnott - "fantastic speed and attention to detail"; "You get fast answers yet they're always thoroughly researched"
  • Richard Barrie - "a solid performer"
  • Shona Frame - "always does a good job"

While The Legal 500, 2007 edition noted:

"MacRoberts boasts one of the top construction teams in Scotland for both contentious and non-contentious work. The team's efficient, practical and commercial approach to dealing with issues and competitive rates combined with quick turnaround of work impresses clients."