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Insurance disputes

The role of insurance in oiling the wheels of business is often underestimated; until it vanishes.  We regularly see the havoc caused when insurance does not respond as intended and advise on how to put it right.

Insurers may try to avoid insurance, leaving the insured as if the cover never existed, or they may try to reduce the benefit paid out.

And whenever insurance is in doubt, the broker who gave advice on what type of policy to take out, what level of cover was needed or obtained it from insurers can be found wanting.

"Susan is an excellent litigation lawyer who I had every confidence in instructing. An eagle eye for detail, astute, hard-working and clever."

litigation funding

Funding

Some litigants apply for litigation funding to pay their legal costs because without it they would not be able to afford to pursue an action at all. But this is not the only situation in which litigants seek to use litigation funding.

Businesses no longer need to invest and risk their own capital to fund a legal claim.  FISCUS is the funding package that we can offer clients to help manage the financial risk of litigation and move those costs off your balance sheet. 

Find out more about litigation funding options available to you.

We work with you to decide on the optimum strategy to resolve the issue, balancing the cost to your business (both internally and its legal spend) with the commercial outcome that you want to achieve. Our focus is on project management to include early dispute avoidance and ADR.  We try to help our clients find an alternative and/or avoid, if possible, what could be time consuming and costly litigation.

If a court claim cannot be avoided then we are well resourced to handle all types of insurance claim, even the most complex and document heavy. 

Our team has recently handled the following types of claim acting for businesses, large and small, charities and individuals against some of the leading insurance companies in the UK such as Aviva, Axa, Prudential, Legal and General, several leading Lloyd’s Syndicates and Cigna:

  • Claiming £7m for a company against its broker when its insurer failed to pay on a significant fire loss.
  • Claiming against an insurance broker who failed to place adequate cover for several very high value industrial vehicles that were destroyed at a depot.
  • Advising on the terms of public liability insurance to establish the extent of cover for specific events.
  • Advising on the scope of Directors and Officers cover.
  • Making critical illness recoveries and advising in relation to a key member of staff.
  • Property insurance claims following fire, flood or theft.
  • We have also successfully recovered damages for uninsured losses, where insurance has dealt with the main element of damage but residual losses remain.

Case studies

July 7th, 2020 Insurance claim had been denied

In July 2020 we secured an Ombudsman decision in our client’s favour where their insurance claim had been denied.

Read case study
July 7th, 2020 Insurance claim had been denied

In July 2020 we secured an Ombudsman decision in our client’s favour where their insurance claim had been denied.

Read case study
February 12th, 2020 Charity faced with uninsured losses

We were instructed by a charity where a property had been damaged quite badly but no insurance was available to respond to the business interruption losses.

Read case study

Our experience is that insurers are quick to decline cover but, on a more careful evaluation of the claim and the applicable legal and regulatory obligations, insurance can be reinstated and claims paid.  Over recent years the legal landscape for insurance has altered significantly and businesses benefit from the latest legislation came into force in August 2016.

We can offer arrangements for price certainty to allow you to budget accurately.  We can manage the entire dispute or just take on a specific aspect such as a disclosure exercise, depending on what resource you already have in place and how you want to manage the issue. 

To discuss your insurance dispute claim please contact our team. We have specialists who  have worked for over 10 years specialising in insurance litigation for a leading London firms, based in the Lloyd’s Building in the early years of their careers.

Time limits

The time limits for insurance dispute claims differ slightly from other compensation areas. The limits are six years from placement for the broker and six years from failure to indemnify for insurer. 

If you would like any advice on your insurance dispute, please contact us for an initial consultation.

Recent articles

July 7th, 2020 Business interruption insurance; FCA latest

The insurers have now filed their defences to the FCA’s claim and the FCA has today filed its reply.

Read article
July 7th, 2020 Insurance claim had been denied

In July 2020 we secured an Ombudsman decision in our client’s favour where their insurance claim had been denied.

Read article
June 19th, 2020 Business interruption insurance; FCA test case update

The response from insurers to claims for business interruption has largely been to decline cover, adopting an argument, ...

Read article
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