| Consultant Name: Thomas D Battell |
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Director, Adjusting Solutions LLP Adjusting Solutions LLP, One Alie Street, London E1 8DE Telephone : 020 3135 0148 Fax: 0845 193 0788 Email: Website: www.adjustingsolutions.com Qualifications:  Fellow of the Chartered Institute of Insurance (FCII) Fellow of the Chartered Institute of Loss Adjusters (FCILA) European Loss Adjusting Expert (FUEDI-ELEA) Fellow of the International Federation of Adjusting Associations (FIFAA) Member of the Association of Building Engineers (MBEng) Member of the Academy of Experts (MAE) Key Experience: Tom has 30 years combined underwriting and claims experience, which give him a unique insight into the insurance industry from both a technical and a business perspective. He has dealt with major material damage, business interruption and liability claims both in the UK and overseas. He has also undertaken investigations into insurance company failures and mergers and acquisition disputes. He has a reputation in the market as a leader in liability claims, primarily for product liability and recall. Employment history: 2005 –Present Director Adjusting Solutions LLP 2004 –2005 Director Forensic Accounting LLP 2000 –2004 Director PwC Forensic Services (Insurance Claims) PricewaterhouseCoopers 1996 –2000 Director Specialist Adjusting Services, Pycraft & Arnold 1990 –1996 Manager Miller Knight 1984 –1990 Adjuster McLarens, Ellis & Buckle 1973 –1984 H.O. Underwriter, Commercial & Industrial classes Summary of Major Assignments: Investigation into failure of insurance company Working on behalf of the provisional liquidators of failed insurance company to examine causes of failure and to provide insurance technical expertise on a consulting basis, in particular to the areas of reserving and reinsurance, Insurance related litigation in connection with failure of energy conglomerate Appointed by administrators to examine pre-administration litigation issues involving insurance claims with a view to obtaining assets benefits for creditors Recall and product rehabilitation claims for pharma company. Review of recall process, measures for restoration of market position and costs incurred in connection with the recall of a blockbuster drug on a global basis with separate territory applications and regulatory issues. Generator engine failures on a global basis Investigations into failure of 47 generators in various continents to determine whether damage attributable to servicing inadequacies, design failure or inappropriate installation and usage. Examination of costs to determine direct physical, consequential and pure financial losses. Professional Indemnity claim in respect of motorway design Appointed by Insurers to investigate multi-million pound claim in connection with design and supervision deficiencies in construction of a motorway including sub-structure, pavement, super-structures, lighting and services. Private finance initiative for construction contract hospital buildings Appointed by insurers to examine possible deficiencies in performance of contract and design to determine the extent of policy indemnity and measure the effect of delays leading to penalties and additional costs. Business recovery co-ordination of leading edge technology based business following extensive fire Working on a team basis with insurers, insured and property damage adjusters to understand the business dynamics and changing marketplace, examining critical path to recovery and providing direct input into the mitigation process. Our involvement led to a conclusion which had financial and logistical benefits to both Insured and insurer and enabled the business to retain its strong market position. Investigation of automotive paint failure Acted for insurers of leading paint supplier to the automotive industry for the sporadic failure of the paint finish to cars for a prestige manufacturer. Investigation included both causation and quantum issues. Aquaculture claim in connection with allegations of defective feed supplied to Salmon farming industry Appointed by insurers to examine allegations and evidence presented by third party claimants. Arranging trials on the feed and conducting research with aquaculture industry experts. Review of quantum including the utilisation of forensic accounting techniques to eliminate over claiming /fraud. Insurance due diligence on financial services acquisition Review of existing insurance arrangements and future requirements following an acquisition of a financial services company with particular emphasis on D&O and E&O issues. Reinsurance coverholder audit and actuarial valuation Investigation into breaches of coverholder authority, audit of business operations and systems and actuarial valuation and analysis of financial results. Fraud investigation in respect of a telecommunications captive Investigation into breaches of fiduciary duty, misuse and misappropriation of funds and non arms-length transactions with related parties. Life Assurance death claim investigation Investigation into the death claims following Assured party disappearance with mounting business debts in the UK and overseas and history of bankruptcy Investigation into a TPA delegated authority potential default and misappropriation Examination of claims and accounting records of a loss adjusting firm to determine extent of exposure/recovery position for underwriters. Claims Audit Due Diligence examination of Global Claims Philosophy, Claims Manual and practical application including direct review of the European handlers and their files for all multi-millions dollars in connection with a US insurer sale and purchase agreement. Professional liability investigation on software design company Investigation into allegations of overselling, misrepresentation, late delivery, errors and omissions in design and functionality resulting in contractual disputes and damages claims. Product liability and recall claims for services pipework manufacturer Investigation into a range of alleged product faults connected with design, manufacture, fitting instruction and installation for above and below ground services pipework and rainwater goods. Audit of Loss Adjusters business interruption claim Initially appointed to audit claims handling procedures and performance of a major business interruption claim in progress. Instructed to take over handling of BI loss working with the adjusters who retained material damage claim. |
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