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A Survey & Valuation firm had conducted 3 surveys in respect of the same property. The property had gradually been redeveloped, to the point where 1/3 of the property was commercial premises and the rest remained residential.

The policy had different excesses applying to residential and commercial work. The insurers tried to argue that two commercial survey excesses applied (totalling £20,000) as there had been two reports complained of and part of the property was no longer solely residential.

Brunel argued that the matter should be treated as one claim. The reports constituted a continued assessment of the property whilst the allegations of negligence were generalised, and not delineated between each separate report. Therefore only one excess should apply.

After further negotiation, the insurers finally offered that the matter be treated as one claim with a commercial excess of £10,000.

The client has agreed to this and thanked Brunel for their “extremely good job [&] considered and detailed input”.

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