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Pound Gates Chartered Insurance Brokers are one of the services who offer a discount to NDNA members, and we provide our members with access to this offer. ‘NDNA works with a variety of suppliers in the nursery and early years sector to make sure our members can secure the best value for money. Most of the nurseries involved in the class action belong to the National Day Nurseries Association (NDNA), which had recommended Pound Gates as an insurance broker.Īn NDNA spokesperson said, ‘At the height of lockdowns, we were lobbying the Government to put more support into the sector as no insurance provider now covers for business interruption as a result of Covid-19. We already have around 70 nurseries signed up and are expecting more to join – the more we have, the stronger our claim.’ ‘It is this comparator that we believe means we have a very winnable case. Sloane added, ‘A key point is that other brokers recommended different insurance policies with pandemic cover to nurseries that did pay out for Covid-19 losses with similar or in some cases cheaper premiums. However, when this concluded last year, it merely reaffirmed the position that Ecclesiastical was not required to pay out under this particular policy.’ ‘We are a new business so have always been working in the red this pandemic has broken us as owners and all our savings have gone and the business is barely keeping afloat.’įieldfisher said it had ‘hoped that a High Court case brought by the Financial Conduct Authority (FCA) to clarify the position on who had a valid business interruption insurance claim during the pandemic might be beneficial. She said, ‘All our bills still had to be met and we did this from our own private pockets. The only financial support it could access was £10,000 from the local council. The setting stayed open for key workers during the first lockdown. Sally Fisher runs Wishing Tree nursery and pre-school and is one of the nurseries hoping to bring the lawsuit. ‘Hundreds of nurseries were left with business interruption insurance that did not cover them for their loss of earnings when the pandemic broke out and lockdowns were imposed, leaving each of them in a dire financial situation.’ Simon Sloane, a partner at Fieldfisher, said, ‘Policyholders rely on their brokers to find them the best available insurance coverage at the most cost-effective price, and it is our contention that on this occasion the nurseries were badly advised by Pound Gates. The potential claim against the broker – rather than the insurers – would aim to compensate nurseries that found themselves unable to claim on their insurance for the financial losses they suffered when they were forced to close during lockdown.

If successful, the claim could result in nurseries that purchased insurance policies with pandemic cover through Pound Gates receiving significant compensation, Fieldfisher said. The law firm plans to launch a claim against Pound Gates for ‘professional negligence’ in October. Nursery World first revealed nurseries around the country were considering joining a ‘no win, no fee’ action against rejected insurance claims in May 2020. In response, Pound Gates has stressed it is not facing litigation or has any claim pending. Most nurseries forced to close as a result of the pandemic were among thousands of small businesses that found they were unable to claim on their insurance, despite having business interruption cover included in their policies.įieldfisher said it is looking for more nursery owners to join the potential ‘no win, no fee’ action, which it expects to eventually include around 100 nurseries. Law firm Fieldfisher is planning to push ahead with legal action on behalf of dozens of nurseries against insurance broker Pound Gates for recommending business interruption insurance policies that failed to pay out during the pandemic.

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Law firm Fieldfisher plans to take broker to court for professional negligence.

70 nurseries sign up for legal action over failure of insurers to pay out due to Covid closures.

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