Fire in an industrial warehouse

Clyde & Co LLP, The St Botolph Building, 138 Houndsditch, London EC3A 7AR.

Following a fire in an industrial warehouse, I was initially instructed to undertake a desktop review of documents as provided; to prepare a brief preliminary opinion to confirm, for the avoidance of doubt, whether or not the insured person had complied with the terms (i.e. requirements for an electrical installation condition report) under the policy at the time of the fire.

I was subsequently instructed to attend a site meeting to discuss the technical issues arising in this case with all the parties (including the various insurance loss adjusters). The insured person vigorously challenged the expert’s opinion during the site meeting, offering his alternative theories which could not be supported technically.

The decision reached by the Loss Adjuster, on behalf of the Insurance Company, was that the person insured had not satisfied the terms of his insurance policy and his claim was therefore denied.

The insured person then complained to the Financial Ombudsman Service (FOS) and has recently been informed of the final decision, based upon the evidence, that his complaint has not been upheld.

Clients comment:

“Barry’s input was invaluable in dealing with complex electrical engineering issues and testing requirements. He prepared a detailed expert report which explained the position well and considered all the available evidence. The report was relied upon by the FOS in reaching a favourable decision on policy coverage for Insurers.”

Fire at a retail market

Clyde & Co LLP, 3140 Rowan Place, Oxford Business Park, Oxford OX4 2WB

The case concerns an insurance claim following a fire at a large indoor and outdoor retail market. The fire originated from one of the units at the market and our client’s unit suffered damage and substantial loss arising from the fire. The evidence pointed to an electrical fault.

Client comment:

“We sought independent expert advice from B M Kelly and Associates Ltd in respect of the electrical fault itself and the adequacy of an electrical inspection undertaken by an electrical contractor in the months before the fire.

B M Kelly and Associates Ltd have provided us with clear and comprehensive expert advice which has assisted us greatly in formulating and proceeding with a legal claim against the electrical contractor. B M Kelly and Associates Ltd benefit from both extensive expertise in the electrical industry and a strong grasp of the legal position.

Mr Kelly of B M Kelly and Associates Ltd has undertaken a review of the records and evidence and has provided us with a thorough report on the likely cause of the fire and a number of issues arising from the electrical inspection. He continues to advise throughout the claim on the viability of the arguments put forward by the electrical contractor and has advised on documents and information we should request from the electrical contractor.”