Jason Evans-Tovey

Insurance & Reinsurance

Jason has spent a large part of his practice dealing with non-marine insurance-related disputes concerning for example PI, PL, EL, D&O, material damage, BI or motor policies, whether it be advising and litigating or arbitrating cases concerning coverage issues, an insured’s defence, subrogated recovery, or insurer’s liabilities under legislation.

He has considerable experience of coverage issues from, for example, non-disclosure and misrepresentation, through issues of an insured’s identity, the subject matter and general policy interpretation, to notification, issues of average, numbers of claims and measures and limits of indemnity.

He also has considerable experience of insurers’ liabilities under legislation including the Third Parties (Rights Against Insurers) Acts 1930 and 2010, the Consumer Insurance (Disclosure and Representations) Act 2012, the Insurance Act 2015 and the European Communities (Rights Against Insurers) Regulations 2002.

Selected Cases

Reported and recent current insurance–related cases include:

• Brian Leighton (Garages) Ltd v. Allianz Insurance PLC [2022] EWHC 1150 (Comm) and [2023] EWCA Civ 8 acting for insurers in a claim under a property damage policy following a fuel leak where the principal issues included interpretation of a policy exclusion, proximate causes and whether the damage was caused by pollution or contamination.
• R (on application of Brenner) v. Haringey LBC [2023] EWHC 686 (Admin) acting for insurers as an interested party on a judicial review relating to property damage caused by a tree.
• Acting for insurers in a multi-million pound dispute about the nature and scope of the measure of indemnity (value or reinstatement) under a policy providing cover against material damage.
• Acting for an insured in a claim for indemnity under a property damage policy caused by subsidence as a result of poor ground conditions.
• Acting for an insured in a claim for indemnity under a policy providing property damage and BI cover arising out of a ‘Storm’.
• Sartex Quilts and Textiles Ltd v. Endurance Corporate Capital Ltd [2019] EWHC 1103 (Comm) and [2020] EWCA Civ 308 acting for insurers in a claim under a property damage policy following a fire where the principal issues were whether the property was subject to a co-insurance provision and whether the measure of indemnity under the insuring clause was the reinstatement basis or the loss of value basis.
• Cape Distribution Ltd v. Cape Intermediate Holdings PLC (2017) acting for insurers seeking to avoid an EL policy for non disclosure and misrepresentation as to the nature of the risk.
• Cape Distribution Ltd v. Cape Intermediate Holdings PLC [2017] Lloyd’s Rep IR 1. A multi-million pound claim concerning a bar subrogation in the case of co-insureds and pervasive interests (led by Michael Kent KC; opponents Justin Fenwick KC, Leigh-Ann Mulcahy KC and Ben Lynch)
• Cape Distribution Ltd v. Cape Intermediate Holdings PLC [2016] Lloyd’s Rep IR 499. A multi-million pound claim concerning renewals, policy endorsements, co-insured’s and the principle in Mark Rowlands v. Berni Inns (led by Michael Kent KC; opponents Justin Fenwick KC, Leigh-Ann Mulcahy KC and Andrew Kinnier)
• Advising major ATE insurer on liability under an ATE policy following the loss of a complex, high value commercial action.
• Pinn v. Zenith Insurance Management Ltd (11.4.14). Acting for an insurer in relation to the scope and effect of an exclusion in a motor policy relating to ‘racing’.
• Jubilee Motor Policies Syndicate 1231 at Lloyd’s v. Volvo Truck & Bus (Southern) Ltd [2010] EWHC 3641 (QB) Advising and acting for insurers in dispute about the true scope of the Civil Liability (Contribution Act) 1978 and what is and is not “same damage” in the context of a motor policy.
• Advising lenders in relation to a potential claim under a lender’s title insurance policy intended to indemnify for defects in title to property.
• Advising and acting in a commercial court claim against insurers under a material damage policy following the loss of a large diamond ring (Opponent: James Medd)
• Encia Remediation Ltd v. Canopius Managing Agents Ltd [2007] 1 CLC 818. Advising and acting for insurers at first instance and in relation to the Court of Appeal in a preliminary issues trial as to the extent of coverage under an environmental consultants professional indemnity policy and whether an environmental consultant’s professional indemnity policy was wide enough to include contracting to manufacture, construct, erect, install or supply materials or equipment and was wide enough to include a contract to design and carry out piling works and project management for a residential development constructed on reclaimed land. (Opponents: Siobhan Healy and Michael Holmes (7KBW))
• Lloyd-Wolper v. Moore [2004] 1 WLR 766. Advising and acting for insurers at first instance and in the Court of Appeal in a claim against an insured under a motor policy for reimbursement under s 151(8) of the RTA 1988 on grounds that the father caused or permitted the use of the vehicle.

Events

• The Bar Council Pupillage Fair 2024

News

• Jason Evans-Tovey and Hamish Fraser successful in civil fraud claim in the Chancery Division
• Pollution or Contamination

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Articles

• Solicitors under No Duty to Warn Non-Client
• Court of Appeal revises the test for assessing the sum payable under an insurance policy covering property damage

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Qualifications

School: Old Swinford Hospital, Stourbridge

University:

Trinity College, Cambridge  MA (1^st Class)

• Natural Sciences (Pts IA  &  IB) Law (Parts IB and II)
• Senior Scholar
• Lizette Bentwich Prize
• Norton Rose Conflicts of Law Prize

University of Virginia – LLM

Inn:  Gray’s – Arden Scholarship

Memberships

PNBA, Combar, LCLCBA, TECBAR