Richard Whybrew

Partner | Chelmsford, United Kingdom
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Profile

Richard qualified as a Solicitor with a leading City law firm in 1993 and is a Partner in Kennedys’ Liability Division, located in the Chelmsford office.  He has many years’ expertise in advising insurance clients in Property Damage claims across a wide range of insured perils, including fire, flood, subsidence, landslip, escape of water and impact damage.  Richard is also experienced in handling Product Liability claims involving damage to property.  He is regularly asked to advise insurers on coverage issues arising in connection with property claims.

Richard works closely with each key stakeholder in the claims process, applying a pragmatic, commercial approach to resolving disputes at an early stage.  He has been pivotal in developing an integrated collaborative approach with loss adjusters and other claims professionals in pursuing subrogated recoveries, leading to a reduction in the overall claim life cycle and legal costs whilst maximising recoveries.

Richard provides regular in-house training for clients on key legal developments and practical claims handling advice. He is co-author of the Subsidence chapter in the latest edition of Kennedys’ Claims Handling Law and Practice Guide which was published in February 2021.

Work highlights

  • Acted for the successful Claimants and subrogating insurer in recovering statutory compensation under section 203 of The Town & Country Planning Act 1990 in connection with tree related subsidence damage – reported decision in Wright v Horsham District Council [Lands Tribunal, 2013]
  • Negotiated a significant reduction in a litigated claim brought by the Claimant’s subrogating insurers, arising from a fire attributed to the Insured’s alleged negligent electrical installation
  • Achieved a substantial recovery for sibrogating insurers at a Joint Settlement Meeting in a complex litigated claim arising from an escape of water at the Insured’s property, including significant uninsured losses
  • Achieving a substantial recovery from the manufacturer of an above ground storage tank, following a major leak of liquid fertiliser onto the Insured’s land
  • Negotiating a significant reduction at Mediation in a high value tree related subsidence claim brought against a transport operator client.

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