Business Interruption and Subrogated Claims

By examining the particular circumstances of each assignment we consider issues of causation, quantum and mitigation of losses when events, natural or man-made, can affect the ability of a business to operate effectively.

We have experience of advising and providing expert opinion in respect of loss calculations for business interruption losses and subrogated claims, including in the following circumstances:

  • Fire
  • Flood
  • Explosion
  • Product recall and liability
  • Machinery breakdown

We act for policyholders and insurers, and in subrogated claims third parties facing claims and insurers.

Subrogated claims

We have substantial experience in acting in claims where insurers seek recoveries from tortfeasors (and where appropriate policyholders’ uninsured losses).  Our instructions include by those bringing or facing such claims.

Subrogated loss of profit claims require separate considerations to the original business interruption policy coverage.

Approach

Our experienced experts will focus on the key business issues to assist a swift resolution of each claim.  To arrive at the financial impact directly attributed to an event, our work includes:

  • A comparative analysis of the business’s projected to actual performance, before, during and after the period of interruption.
  • A review of industry data to determine the effect on the business of factors other than the index event during the period of interruption.
  • Review of increased costs of working and savings made as a result of the event.
  • Consider mitigation measures and their effectiveness.
  • When appropriate, evaluate the likely financial implications of repair or replace decisions

For smaller, less complex claims we operate a ‘desktop’ claims review service.  We offer a fast and focused service which comprises us reviewing documents and preparing a not-for-disclosure letter identifying:

  • errors in the claim
  • lack of information in the documents provided
  • inconsistencies in the claim
  • exaggeration or potential fraud
  • initial recalculation of the loss

This should allow you to negotiate a settlement, or to proceed to litigation, where we can also act as your accountancy expert should you wish us to do so.

Geoff Mesher FCA: +44(0) 117 379 0250
+44(0) 7770 633825
Ralph Chatfield FCA: +44(0) 117 379 0255
+44(0) 7770 461016