Jon Fitzsimons
Practical Experience
Liability Claims -Jon has gained over 20 years experience across a wide range of industry sectors, from an insurance company and liability loss adjusting background and more recently from claims consultancy assignments with Echelon.
He has handled a high volume "cradle to grave" caseload and also dealt with complex/catastrophic injury claims for a variety of insurer and self-insured clients.
Claims Process - Jon has over 10 years management experience with operational and technical responsibility for in excess of 100 employees. As part of the Senior Management team at the UK's largest specialist liability adjuster, Jon was heavily involved in maximising efficiency of the claim process and ensuring that this responded to the latest technical and IT developments. He also has first hand project experience of claim workflow platform technology. Jon has extensive experience of setting up and fine-tuning the claim process dependency between Insureds, Insurers and their appointed TPA's.
Risk Management - Jon has provided liability related risk management advice to clients on both an individual case and overview basis and has experience of loss causation analysis and loss prevention. He has undertaken liability risk surveys across a range of industries, both for Insurers and Insureds.
Training - Working as part of a team, Jon has been involved in devising technical training programs for internal claims staff as well as clients. He has also provided in-house training to a number of organisations in relation to accident investigation.
Credentials
High Profile Cases - Jon has handled directly and overseen a wide range of liability cases across all industries involving most injury/disease/damage types. Against that background he has been involved in a number of high profile cases which have led to decisions in the higher courts, to include the following:
- Hood v Mitie Property Services (Midlands) Ltd & The Post Office [2005]
- English v Emery Reinbold & Strick [2002]
- Barr v Mitsui Babcock and Another [2003]
- Harris v Perry and another [2008]
Notable Other Cases of Interest
US Products Liability Fatality Case
Plaintiff sustained severe crush injuries leading to death as a result of an assembled coal bunker car system, designed/manufactured/installed by the Insured. The case proceeded to mediation in advance of a Trial. Case concluded on extremely favourable terms reflecting an overall settlement of $1.15M with a contribution of $125,000 from another site contractor. The employer also waived their worker's compensation lien of $280,000.
US and EEC Products Liability Injury Cases
Claimants developed chemical burns following use of a strapless bra product, for which the Insured manufactured the adhesive. Over 50 cases intimated worldwide for which Jon handled approximately half for one insurer. Favourable overall apportionment agreed for all cases at less than 25%.
EEC Products Liability Damage Case
The Insured supplied loads of honey to the Claimant. The Belgian Government/ Food Agency tested the product and banned the sale of any goods containing the honey as it was found to be contaminated with Chloramphenicol. Proceedings were issued against the Belgium Government/Food agency and four suppliers of whom the Insured was one. Following consultation with local defence Solicitors, settlement negotiations commenced and the case was successfully concluded on very favourable terms.
Tetraplegia EL case (subsequently fatality)
The Claimant was an agency driver employed to deliver waste material. Whilst negotiating a roundabout the vehicle and trailer overturned upon exiting the roundabout. Liability was established on the basis that the vehicle was overloaded. The claimant was initially rendered tetraplegic and a reserve was allocated at £3.5M but he subsequently died approximately 18 months later. At that time his solicitors valued the claim at circa £400,000, however damages of £200,000 were ultimately accepted.
Chemical Explosion Resulting in Severe Injury and Extensive Property Damage
The Insured in their capacity as Road Hauliers were contracted to transport a container of chemicals to a Chemical Plant. Whilst the chemicals were being pumped from the container into the holding tank (which was the wrong tank) a massive explosion occurred. Following a 17 day trial closing submissions were expected to take a further 4 days. A robust stance was maintained on quantum with a negotiated settlement agreed with the Insurer's contribution limited to £575,000 (inclusive of all third party costs). The potential liability in this matter was put as high as £2.5m and Counsel on more than one occasion recommended that Insurers offered the full limit of indemnity of £1m to attempt to dispose of the claim.
Qualifications
BSc (Hons) University of Liverpool
