Insurance (insurers and self insured)
BTO has one of the largest insurance teams in Scotland handling small to multi-million pound claims. It consists of over 70 professionals in a firm with over 200 personnel.
We have expertise in all types of work in Scotland and beyond. Our team is frequently instructed by insurers in matters which have cross border issues and cases involving multi-jurisdictional claims.
We represent a number of major insurers and are considered to be a “first-rate”, “adaptable and innovative” player in the insurance market having developed numerous niche teams to meet the sector’s needs. Achievements include teams ranked in band 1 by The Legal 500 in: personal injury (defender), health and safety, clinical defence and professional liability. "Their preparation is second to none and the legal analysis they provide is very, very good." Chambers UK
We are known for resolving cases at the earliest opportunity thus minimising cost, risk and exposure.
"They are approachable and pragmatic, and are technically some of the best lawyers I have come across." (Chambers UK)
Contact: Mark Morton, Partner macm@bto.co.uk / 0141 221 8012
Click here for a brief guide
to civil litigation in Scotland -
“Litigating with a kilt on”
Experience
- Catastrophic injury
Acting for a major insurer in relation to fatal and multiple injury claims arising from a bus crash on a school trip which received significant media attention from the outset. bto were instructed from the outset within days of the incident to investigate and provide representation both to the insured and the insurers. In addition, bto were instructed in relation to the resulting Fatal Accident Inquiry and multiple civil claims.
- Personal injury
Achieving a settlement for insurers following a mediation in relation to three separate claims arising from a nationally reported rail crash resulting from an HGV becoming stuck on a level crossing during icy/snowy weather conditions. bto was instructed by the insurers of the HGV’s driver to assist in the investigation and defence of all claims arising from the accident which involved complex arguments in relation to the design and layout of the level crossing, necessitating the involvement of a number of expert engineering and rail witnesses. bto was ultimately able to obtain the agreement of all the other parties involved to proceed to mediation and was able to achieve a successful settlement of all the claims as a result.
- Fraud
A Pursuer exaggerated grossly the injuries that she suffered as a result of a minor road traffic accident. Good quality surveillance evidence helped to prove this and ultimately the case was settled for a nominal sum. The case has been used by the insurers to lobby for prosecution of the Pursuer as part of their ongoing anti-fraud campaign.
- Stress at work
We argued successfully for the dismissal of a long running Court of Session “stress at work” case. This involved an academic and the educational institution in which she worked previously. Despite numerous claims of overwork, the court accepted that the claim could not succeed without the Pursuer specifying what could and should have been done by her employers to reduce the burden of her work.
- Multi-jurisdictional claims
Acting for an insurer, its insureds and self insured multinationals, including petrochemical companies, in respect of industrial accidents in North Africa, Kosovo, Italy, Nigeria, Angola, the Ukraine, Columbia, the UAE, Norway and the Netherlands.
