Toby Rogers

Full Profile

Toby's practice has a particular focus on complex policy coverage and business interruption advice. The subject matter ranges from small businesses up to multi-national companies. He recently assisted with the latest edition of Riley on Business Interruption and takes an active interest in industry developments.

Toby also specialises in complex subrogated recoveries on behalf of insurers arising out of large property losses. He has a track record of significant recoveries against architects, engineers, surveyors and contractors as well as the manufacturers of dangerous products and enjoys the technical as well as the legal aspects of these claims.

Experience

• Pearson Education v Charter Partnership [2007] EWCA Civ 130: Toby acted successfully for the claimant insurers both at first instance and in the Court of Appeal in a subrogated recovery action based on architect's negligence. This is now the leading case on architect's liability to a subsequent building owner for latent design defects.
• Defence on behalf of liability insurers of various multi-million pound claims for fire damage arising from fire spread from the insured premises.
• Subrogated recovery action against a house-builder in relation to damage caused by defective fire-stopping.
• Advising insurers on policy coverage for business interruption losses arising out of an explosion at an explosives factory.
• Policy coverage advice to various London Market insurers in relation to disputed claims under first party Property and Combined Commercial insurance policies.
• Advising insurers on coverage for large scale business interruption losses suffered by a utility company which was seriously affected by the 2007 floods.
• Insurance fraud: coordinating investigations into suspected fraudulent claims and advising insurers on their rights to refuse indemnity.
• Various claims against contractors for fire damage caused by negligent hot works.
• Policy drafting work including a new Combined Commercial policy wording.