Haylett & Associates Limited

*** PROFESSIONAL RISKS CLAIMS MANAGEMENT***

Haylett & Associates has evolved from a unique blend of experiences to offer cutting edge alternatives to fulfil your claims handling and risk management objectives.

We have devised protocols harnessing technology to allow a comprehensive cost advantageous solution to an ever increasingly complex and expensive burden on your business.

Our key belief is that everybody has their own individualistic requirements and desires. You can achieve what you want. We have the in built flexibility within our protocols and technology to enhance our own research and development, to tailor our services to your profile.

Our desire is to discuss your individual circumstances with you, and utilise our experience to help you meet and exceed your goals.

We look forward to meeting with you.

Gary Haylett
Managing Director



***WHAT CLIENTS' AUDITS HAVE SAID***

"the company operates with a strong hands-on approach"

"Haylett's approach was designed to avoid instructing Solicitors unless this was essential"

"there was a clear indication that the approach would be to drive the claims to realistic and commercially sound settlements. These methods are likely to result in savings on defence costs that would otherwise be incurred by the more extensive instruction of solicitors"

"those handling the claims are highly motivated and of a calibre beyond that normally anticipated in an outsource facility"

"The standard of claims handling/management provided by Haylett and Associates is extremely impressive.

Haylett and Associates appear to invariably identify all relevant issues when a claim or potential claim is first notified, and take steps to obtain essential information and evidence.

The nature of the account is such that many of the cases involve complex issues and by the time they are notified there is often a great deal of documentation, including correspondence and contractual documents etc, already in existence. We have not seen any instance where Haylett and Associates have failed to properly understand or get to grips with a claim, or where their handling is otherwise deficient.

With every case we have reviewed, and notwithstanding the complexity of many of the cases, the handling has been appropriate, thorough and also extremely prompt.

Haylett and Associates take a proactive approach when a case is notified. These notifications will often relate only to a potential claim. In these situations, however, Haylett and Associates will give advice and guidance to the insured including, where appropriate, drafting correspondence for them to send to third parties. Whilst it is naturally difficult to demonstrate, we are confident that the proactive approach that is taken is likely to have resulted in some claims being dropped or the claimant's expectations being reduced."

"We remain impressed by the handling of the cases. From review of the files we are satisfied that the cases are being handled with the benefit of significant experience and understanding of the various issues, which are occasionally very complex. Further, the handling benefits from a healthy dose of common sense."



*** KEY PERSONNEL***

NAME: Gary Haylett

D.O.B. 1963

Gary has specialised in Professional Indemnity disputes for many classes of Professionals since 1979 when he joined Hill Samual.

From mid 1980s Gary was the day to day Broker handling claims in discussion direct with Insurers and Insureds and Solicitors, becoming Claims Manager by the end of the decade. Gary progressed to become Director of Architects and Professional Indemnity Agencies Limited (APIA), RIBA Insurance Agency Limited, and Heath Lambert Professional Risks.

Gary’s primary speciality is Professional Indemnity, although handling claims against Insurance Brokers broadens this field to whatever business the Broker was dealing with. D&O claims also featured large over a decade, with Venture Capitalists seeing a boom and often also a bust.

Managing large and complex clients and claims has been key to establishing management protocols for significant Group clients. Equally, having always remained active in handling claims for small and medium sized practices, provided the background for the majority of professionals and often establishing an understanding and protocols on a scheme wide basis.

The 1990s saw Gary responsible for managing claims for Lloyd's and Company Underwriters under binding authorities for Surveyors and Insurance Brokers, which gave invaluable experience from an Underwriters perspective. Gary was also a driving force behind the creation of the claims protocols for the Royal Institute of British Architects bespoke scheme. His input into claims management services remains the core procedures for a number of insurers.

Gary founded Haylett & Associates in 2004, which has provided significant personal and professional challenges, for example on day one of where to buy pen and paper, which gives a first and fast lesson in logistics and value for money, to designing a specialist claims management IT system, to managing many similar and many diverse types of professional indemnity disputes normally seeking to defend the Professional Persons and Insurers mutual interests for thousands of claims under delegated authority from first precautionary advice to claimant discussions, negotiations, Pre Action Protocols, Adjudication, Mediations and at times unorthodox settlements.


NAME: Paul Smith

DOB: 1962

Insurance Claims Broker Responsible for UK PI; CAR; EL/PL; Freight Forwarders, Household Comprehensive; travel and PA. Moving additionally into North American business 1981-1986

Lloyd’s Claims Office, adjusting claims and updating syndicates for North American Insurance and Reinsurance 1986–1987

Lloyd’s Syndicates and responsible for all claims functions for the Syndicate, mainly US Liability 1988–1993

CNA Re. Claims Underwriter for PI, D&O, EPLI and CGL 1993–2000

Newmarket Underwriting. Responsible for creation, implementation and maintenance of the Syndicate’s claims protocols, which were approved by GRD; Plus handling all Syndicate’s Non-Marine claims including UK PI, US Liability , World Wide Property Direct & World Wide Casualty Reinsurance 2000–2002

Capita. Outsourced claims management for Newmarket’s non-marine claims portfolio 2002–2005

London Market Insurers in Outsourced and Direct Claims Underwriting and management, including IT system set up and client liaison, renewals and coverage issues, for UK PI & International Liability, then joining specialist team to locate and review outward reinsurance recoveries 2005–2008


NAME: Peter Lummis

DOB: 1966

Claims Trainee and then Clerk 1982-1985

Lloyd’s Syndicate 396. Claims Handler to Assistant Underwriter 1985-1995

HIH (UK) Ltd. Claims Manager 1995-1997

Equitas. Senior Claims Handler 1997-1999. Account Executive 1999-2000. Technical Account Manager 2000-2003

Freelance Insurance Consultant 2003-2009.

With over 25 years working in the insurance industry, Peter has gained a broad range of experience and handled various classes of mainly non-marine business. His main expertise lies with construction and engineering, as well as professional risks insurance.

As assistant underwriter for construction and engineering at Lloyd’s Syndicate 396, Peter participated on market steering committees tasked with producing standard policy terms for design cover (design exclusions DE1-5), and examining technical engineering issues relating to sheet piling works.

Peter has handled claims from a variety of classes, UK and international, many as direct lead, ranging from small value “attritional” losses to highly complex large value claims involving multi-jurisdictional litigation. He has helped establish market claims handling procedures for major projects, such as international metro systems, the Channel Tunnel and other civil engineering works, and for large binders and covers, including French decennial, and surveyors and engineers. He has negotiated terms with third party administrators for the management and reporting of claims from large portfolios of general UK public liability insurance. He has also drafted policy wordings for combined annual UK construction, public and employer liability insurance, and has experience with reinsurance, both inward and outwards.

At Equitas Peter concentrated on large value (non-US) casualty claims. This involved directing and managing legal teams and professional advisers, strategy planning, face to face negotiations with opponents and participating in mediations, in the UK and overseas, and developing novel approaches to dispute resolution.

After Equitas and before joining Haylett Associates Peter worked on a freelance/consultancy basis conducting audits of underwriting agents, Lloyd’s syndicates, third party administrators and loss adjusters, as well as other general projects.


NAME: John Cayton

D.O.B. 1958

John has extensive litigation experience with particular expertise in handling professional indemnity disputes. Having started his career managing claims for the London market, he understands the market’s requirements. He was one of the first to use mediation to resolve a dispute long before it became fashionable.

A Solicitor with considerable experience of drafting, and advising on disputes arising from existing, professional indemnity policies, John is well placed to provide assistance in a broader setting.

Coupled with considerable experience in defending both Insurers and Insureds in small, medium and multi million pound multi party litigation, John’s advice is invaluable whatever the challenge.



*** CLAIMS MANAGEMENT ***

• Haylett & Associates offers alternatives for the professional management of, in particular, Professional Indemnity and Directors & Officers claims.

• The vital functions of accurately recording notifications, reserves and payment histories, with supporting bordereaux which can be bespoke for specific analytical reporting requirements.

• Internet accessible electronic files include Solicitors reports, story board updates, as well as interactive access and input by Underwriters and Brokers, and large Insureds.

• State of the Art computer technology allows instant real time access from anywhere in the world on a 24/7 basis, subject to strict confidentiality barriers and pre agreed security access levels meeting British Standards Institute BS7799 (ISO17799).

• Delegated authority claims handling services, within whatever referral criteria is appropriate. This provides desktop reviews, monitoring of developments, guidance and advice on strategies for defence or resolution of matters, setting and monitoring reserves.

• Full service includes ‘front line’ assistance pre-authorised even before the Insured have the problem, to give comfort of immediate help; whether within a facility or individual policy. Haylett & Associates can receive notification from and correspond directly with Insureds. We will meet Insureds and other parties as necessary. Professional, decisive, timely and helpful service will mitigate long term costs.

• Liaison and co-operation is a vital ingredient and source of enhancement to the development of ongoing business. Policy issues, which may be unavoidable in themselves, need not prejudice ongoing relations when handled with respect for mutual positions. Our aim is to also add value to Underwriters and Brokers relationships whenever possible.



*** PHILOSOPHY ***

• Our Core principles are to act with integrity at all times, using appropriate skill, care and diligence for the professional management and control of claims. An understanding that Underwriters, Brokers and Insureds have differing interests, which can nevertheless be respected whilst still achieving Underwriters objectives. Communication will be in a clear, fair and not misleading manner.

• Any claim has an intrinsic value. There will be valid claims, invalid claims and a host of claims in the ‘grey area’. When the parties perceptions of that value can be bridged, a resolution to the dispute is at hand. Finding mutual ground quickly, and at least expense, will produce cost effective results.

• Especially for the smaller claims, the incurring of legal fees can very quickly become, to use the Courts phraseology, disproportionate. Incurring costs to get the ‘right’ settlement figure, can often be more expensive overall. The Claimant’s costs are also much underestimated and can very quickly replace the actual dispute as the motivational factor which drives the case forward. A claim should not be allowed to ‘get a life of it’s own’. In the majority of these cases, resolution should be achievable by taking a broad reasonable approach. Equally, however, small claims are known to be open to abuse, which need to be tested. Utilisation of professional bodies own conciliation and disputes procedures can often work to the advantage of all.

• Medium sized claims are possibly the most difficult in terms of balancing costs against achieving the claims intrinsic value. Adopting much more of a ‘value engineering’ approach to claims handling is usefully employed to bring reality to bear. Again the broader approach of the smaller claims can often be utilised, but equally employing pre-action protocols or even strict legal procedures can be appropriate and rewarding, depending on the case. Once again the Claimant’s costs need to be borne in mind with due weight. Alternative Dispute Resolution facilities and forums can be particularly beneficial.

• The larger claims are where costs can often spiral out of control, justified simply against the backdrop of the significant amounts at issue. This is often a mistaken approach which has cost insurers dearly. Of course most, if not all, possible defences must be explored, but the ‘old school’ solicitors’ approach to blindly turning over stone after stone can often benefit from a focused strategy, cost control, with interim goal oriented objectives. ADR is again of considerable assistance, although broad ‘horse trading’ with large amounts can see significant monetary swings. Strict legal analysis should always be tempting, not least when issues of causation and proof of loss are concerned.

• There will be matters of principle and precedent which Underwriters will need, or want, to fight. There will be cases where perceptions of value cannot be bridged, making the cost and inherent litigation risks a worthy choice. Pure economic considerations will also need to be balanced with an Insured’s desire to protect their own interests, whether genuinely held views of vindication against a wrongful allegation or concerns over reputation. A reasonable and objective approach, depersonalising and avoiding mini crusades, is essential.

• Claims, and fees incurred to handle claim notifications, are as unavoidable as they are the reason for the insurance to exist in the first place. However, our core principles coupled with intent to take a reasoned but reasonable pro active approach will mitigate those costs and deliver added value for money.

• In all events, establishing an appropriate reserve at the earliest opportunity will assist Underwriters by establishing accurate loss ratios within as realistically a short time period as possible.

• Retaining and enhancing Assureds good will, plus utilising the lessons of the past to better future risk management, will also turn negatives into positives.



*** SCOPE ***

• Individual instructions;

• Specific Scheme/Cover/Facility;

• Broker book;

• Underwriting book;

• Large clients generating multiple claims;



*** RISK MANAGEMENT ***

• Interpreting and/or drafting Policy Wordings and clauses.

• Audit of Binding Authorities

• Risk Management Surveys



HAYLETT & ASSOCIATES LOOK FORWARD TO HELPING YOU TO SUCCESSFULLY AND COST EFFECTIVELY MEET YOUR CLAIMS AND RISK MANAGEMENT CHALLENGES.