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Home/Law/You are a claims handler for an insurer. One of the insurer’s policyholders XYZ Ltd, is a wholesale firework distributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000. XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a small residential housing estate has been built close by the industrial premises. Richard who owns a property on the housing estate that is closest to the industrial premises, has made a complaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motor vehicles. Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blocking access to their homes. A sub-contractor carried out maintenance work on the roof of the industrial premises. During the maintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensive damage to several properties on the housing estate. XYZ Ltd made a claim. Identify, with justification, two legal remedies that could be pursued by Richard.

You are a claims handler for an insurer. One of the insurer’s policyholders XYZ Ltd, is a wholesale firework distributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000. XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a small residential housing estate has been built close by the industrial premises. Richard who owns a property on the housing estate that is closest to the industrial premises, has made a complaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motor vehicles. Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blocking access to their homes. A sub-contractor carried out maintenance work on the roof of the industrial premises. During the maintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensive damage to several properties on the housing estate. XYZ Ltd made a claim. Identify, with justification, two legal remedies that could be pursued by Richard.

Two main types of remedies are available in tortuous actions, and they include damages and injunctions. In Richard’s case, he may seek damages, which are monetary payments received for purposes of compensating them for the losses suffered due to an accident. The financial compensation may be calculated according to the value of the losses incurred and not according to the tortfeasor’s gains. The other legal remedy that Richard could pursue is an injunction, which would temporarily stop the activities of XYZ Limited.

The action would create an opportunity for parties involved to brainstorm and develop a lasting solution to the problem. An injunction would compel XYZ Limited to abstain from further conducting businesses on the property or engaging in actions that may be injurious to the adjacent house owners. The goal is to prevent the future occurrence of harm. Overall, the aim of pursuing injunctions and damages as two types of legal remedies in the law of tort is to make sure that Richard gets sufficiently compensated for the wrongs done to them in an action of tort.

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Academic.Tips. (2022) 'You are a claims handler for an insurer. One of the insurer's policyholders XYZ Ltd, is a wholesale firework distributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000. XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a small residential housing estate has been built close by the industrial premises. Richard who owns a property on the housing estate that is closest to the industrial premises, has made a complaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motor vehicles. Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blocking access to their homes. A sub-contractor carried out maintenance work on the roof of the industrial premises. During the maintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensive damage to several properties on the housing estate. XYZ Ltd made a claim. Identify, with justification, two legal remedies that could be pursued by Richard'. 13 December.

Reference

Academic.Tips. (2022, December 13). You are a claims handler for an insurer. One of the insurer's policyholders XYZ Ltd, is a wholesale firework distributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000. XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a small residential housing estate has been built close by the industrial premises. Richard who owns a property on the housing estate that is closest to the industrial premises, has made a complaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motor vehicles. Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blocking access to their homes. A sub-contractor carried out maintenance work on the roof of the industrial premises. During the maintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensive damage to several properties on the housing estate. XYZ Ltd made a claim. Identify, with justification, two legal remedies that could be pursued by Richard. https://academic.tips/question/you-are-a-claims-handler-for-an-insurer-one-of-the-insurers-policyholders-xyz-ltd-is-a-wholesale-firework-distributor-xyz-ltd-has-a-public-liability-insurance-policy-with-an-excess-of-5000-xyz-2/

References

Academic.Tips. 2022. "You are a claims handler for an insurer. One of the insurer's policyholders XYZ Ltd, is a wholesale firework distributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000. XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a small residential housing estate has been built close by the industrial premises. Richard who owns a property on the housing estate that is closest to the industrial premises, has made a complaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motor vehicles. Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blocking access to their homes. A sub-contractor carried out maintenance work on the roof of the industrial premises. During the maintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensive damage to several properties on the housing estate. XYZ Ltd made a claim. Identify, with justification, two legal remedies that could be pursued by Richard." December 13, 2022. https://academic.tips/question/you-are-a-claims-handler-for-an-insurer-one-of-the-insurers-policyholders-xyz-ltd-is-a-wholesale-firework-distributor-xyz-ltd-has-a-public-liability-insurance-policy-with-an-excess-of-5000-xyz-2/.

1. Academic.Tips. "You are a claims handler for an insurer. One of the insurer's policyholders XYZ Ltd, is a wholesale firework distributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000. XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a small residential housing estate has been built close by the industrial premises. Richard who owns a property on the housing estate that is closest to the industrial premises, has made a complaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motor vehicles. Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blocking access to their homes. A sub-contractor carried out maintenance work on the roof of the industrial premises. During the maintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensive damage to several properties on the housing estate. XYZ Ltd made a claim. Identify, with justification, two legal remedies that could be pursued by Richard." December 13, 2022. https://academic.tips/question/you-are-a-claims-handler-for-an-insurer-one-of-the-insurers-policyholders-xyz-ltd-is-a-wholesale-firework-distributor-xyz-ltd-has-a-public-liability-insurance-policy-with-an-excess-of-5000-xyz-2/.


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Academic.Tips. "You are a claims handler for an insurer. One of the insurer's policyholders XYZ Ltd, is a wholesale firework distributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000. XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a small residential housing estate has been built close by the industrial premises. Richard who owns a property on the housing estate that is closest to the industrial premises, has made a complaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motor vehicles. Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blocking access to their homes. A sub-contractor carried out maintenance work on the roof of the industrial premises. During the maintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensive damage to several properties on the housing estate. XYZ Ltd made a claim. Identify, with justification, two legal remedies that could be pursued by Richard." December 13, 2022. https://academic.tips/question/you-are-a-claims-handler-for-an-insurer-one-of-the-insurers-policyholders-xyz-ltd-is-a-wholesale-firework-distributor-xyz-ltd-has-a-public-liability-insurance-policy-with-an-excess-of-5000-xyz-2/.

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"You are a claims handler for an insurer. One of the insurer's policyholders XYZ Ltd, is a wholesale firework distributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000. XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a small residential housing estate has been built close by the industrial premises. Richard who owns a property on the housing estate that is closest to the industrial premises, has made a complaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motor vehicles. Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blocking access to their homes. A sub-contractor carried out maintenance work on the roof of the industrial premises. During the maintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensive damage to several properties on the housing estate. XYZ Ltd made a claim. Identify, with justification, two legal remedies that could be pursued by Richard." Academic.Tips, 13 Dec. 2022, academic.tips/question/you-are-a-claims-handler-for-an-insurer-one-of-the-insurers-policyholders-xyz-ltd-is-a-wholesale-firework-distributor-xyz-ltd-has-a-public-liability-insurance-policy-with-an-excess-of-5000-xyz-2/.

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You are a claims handler for an insurer. One of the insurer's policyholders XYZ Ltd, is a wholesale firework distributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000. XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a small residential housing estate has been built close by the industrial premises. Richard who owns a property on the housing estate that is closest to the industrial premises, has made a complaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motor vehicles. Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blocking access to their homes. A sub-contractor carried out maintenance work on the roof of the industrial premises. During the maintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensive damage to several properties on the housing estate. XYZ Ltd made a claim. Explain, with justification, the potential liability for XYZ Ltd with regards to the property damage caused by the explosions. Refer to one relevent case in support of your explanation.
You are a claims handler for an insurer. One of the insurer's policyholders XYZ Ltd, is a wholesale firework distributor. XYZ Ltd has a public liability insurance policy with an excess of £5,000. XYZ Ltd have stored all its fireworks in the same industrial premises for over 20 years. Recently a small residential housing estate has been built close by the industrial premises. Richard who owns a property on the housing estate that is closest to the industrial premises, has made a complaint to XYZ Ltd. The complaint related to the noise, dust and traffic caused by its company motor vehicles. Residents of the housing estate have also complained to XYZ Ltd about its vehicles regularly blocking access to their homes. A sub-contractor carried out maintenance work on the roof of the industrial premises. During the maintenance work a fire broke out, resulting in a number of explosions. These explosions caused extensive damage to several properties on the housing estate. XYZ Ltd made a claim. Explain, with justification, whether the insurer has any right of recovery against the sub-contractor.
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