Case No. HT-11-503
Technology and Construction Court

Case No. HT-11-503

Fecha: 31-Jul-2012

a) Introduction

59.The insurers in the main action are seeking to recover, by way of a subrogated claim, the monies which they paid out to Brit Inns. The pleaded claim for material damage in these proceedings is £355,070, with a further £18,745 in relation to the uninsured losses, which has now been abandoned. In my view, there are numerous difficulties with this claim. The QS experts are agreed that, as a minimum, around £100,000 of that sum should simply not have been paid. In the context of an insurance claim that is a massive reduction: something like 25% of the amount actually paid by the insurers is now agreed (as a minimum) to have been wrongfully paid over. That immediately raises serious doubts as to the reliability and recoverability of the claim as a whole.60.The main reasons why the original claim was grossly exaggerated, and then not properly investigated by the insurers and/or their loss adjusters are set out below.