Toby Rogers

Full Profile

Toby specializes in complex insurance coverage disputes in a range of classes including first party property, business interruption, contractors’ All Risks, latent defects insurance and public liability. He is co-editor or Riley on Business Interruption, the leading text in this area which has been cited extensively by the High Court and Court of Appeal in the ongoing Covid business interruption litigation. He acted for QBE in the FCA Test Case and has acted for a range of insurers to assist them with their response to Covid BI claims. Toby also undertakes complex subrogation and liability defence work, much of which relates to the construction industry. 

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.