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25 September 2009 / Matt Le Breton
Issue: 7386 / Categories: Features , Insurance / reinsurance
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A cautionary tale

att Le Breton highlights some (avoidable) insurance pitfalls

Many practitioners will know that what may look like a competitive insurance quote can often be misleading, as what the policy actually covers can vary hugely depending on the provider.

Take Chancel Repair Liability searches and insurance as an example. This liability dates back to medieval times when the church rectors were responsible for the repair costs to the church. The recent Aston Cantlow case (Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billeseley, Warwickshire v Wallbank [2003] UKHL 37 [2003] 1 AC 546, [2003] 3 All ER 1213) highlighted how expensive the costs can be, in the end the costs amounted to just under £400,000.

Even though this might be a relatively unique case in terms of the costs paid, one third of all churches in England and Wales (circa 5,200) could be affected. The value of the landowner’s property is not taken into account when a claim is made, so the cost could actually exceed the value of the property. A common misconception is that leaseholders are not affected.

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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