Jon Fitzsimons
Practical Experience
Liability Claims - Over 20 years experience across a wide range of industry sectors, handling "cradle to grave" volume and complex/catastrophic injury claims for insured and self-insured clients.
Claims Process - With 10 years senior management operational and technical experience at the UK's largest specialist liability adjuster, Jon has particular expertise in maximising efficiency of the claim process. He developed and implemented a robust fraud policy with integrated fraud databases and has hands on experience of claim workflow platform technology and setting up and fine-tuning the claim process dependency between Insureds, Insurers and their appointed TPA's.
Insurance Fraud - Advises clients on designing, implementing and monitoring best practice fraud processes.
Risk Management - Provides liability related risk management advice to clients including loss causation analysis and loss prevention. He has undertaken liability risk surveys across a range of industries.
Claims Defensibility - Assists clients in improving their ability to defend and reduce their exposure from liability claims by focusing on improvements to incident recording, reporting and investigation processes and employing reduction methodologies.
Insurance Archaeology - Assists clients with missing insurance histories to minimise the impact of uninsured disease claims exposures resulting from poor record keeping and acquisition and disposal activity.
Reserve Provision Release - Analyses reserves to eliminate unnecessary excess, leading to cashflow improvement and/or reduced premiums.
Claims Audit - Extensive experience of claims process and technical claims auditing across a wide range of insurance classes.
Training - Devises technical training programs for clients and provides in-house training for organisations on accident investigation.
Credentials
High Profile Cases - Jon has handled 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 including the Court of Appeal case of Harris v Perry and another [2008] which involved a child sustaining serious injuries whilst playing on a bouncy castle, and where the Defendant was ultimately absolved of any blame.
US Products Liability Fatality Case - Plaintiff sustained severe crush injuries leading to death as a result of a coal bunker car system, designed and manufactured 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
ACII - Associate of the Chartered Insurance Institute, Chartered Insurance Practioner.
