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NLJ this week: Triple cover, single mistake?

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How do overlapping insurance policies interact? In NLJ this week, Chris Bates and Jordan Ball of Penningtons Manches Cooper explore this question in Watford Community Housing Trust v Arthur J Gallagher Insurance Brokers Ltd 

The claimant, a housing trust, held three policies covering data breaches but only notified one, based on negligent broker advice. When losses exceeded the £6m recovered, the trust sued. The broker argued that ‘other insurance’ clauses limited total recovery to £5m. The court disagreed, ruling that the clauses cancelled each other out, entitling the claimant to the full £11m across all policies.

The judgment confirms that multiple insurance is lawful and beneficial—provided policies lack ‘rateable proportion’ clauses. For insureds, it’s a win for commercial common sense. For insurers, it’s a warning: if you want to limit liability, say so clearly. Brokers, meanwhile, are reminded that poor advice can prove costly.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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