“Aviva has now filed a defence, which on the one hand denies liability and on the other hand admits our right to an indemnity, without any interim payments being offered or settlement terms proposed.”
Those were the words of an Everatt’s LLP spokesperson, as quoted by Law360, in response to the defence filed by Aviva Plc in the Commercial Court case Everatt’s LLP v. Aviva Insurance Limited. The British insurance giant is represented by Holman Fenwick Willan International LLP; the claimant, by Axiom Stone Solicitors.
According to the report, Aviva stated in its defence that Everatt’s “precipitately issued proceedings” and failed to provide the required information to the loss adjuster. Aviva said it did not receive a report from the latter prior to the case being brought forward.
In its Part 7 suit, Everatt’s is claiming that, under the law firm’s business interruption policy with Aviva, it is covered for loss of income as much as £478,000 and office expenses worth around £150,000.
Aviva, however, is reportedly arguing that it is only liable for income loss as a direct result of Everatt’s being unable to attend its Harrow offices between March and September last year, with a £50,000 cap, and not for losses that were said to be mainly attributable only to the wider effects of COVID-19.
The proceedings in the High Court’s Commercial Court were initiated last month.