Insurance Contracts, Claims & Disputes
In nearly all aspects of business and life in general people face risk. One way of minimising and potentially avoiding certain risks is by way of insurance.
Although we cannot provide insurance or financial advice, we can assist in identifying potential areas of risk or concern that should be looked into with an insurance broker or other qualified party.
Although parties obtain insurance to potentially minimise or remove a certain type of risk, there is one type of risk that insurance will not cover, that is the risk of the insurer failing to provide cover.
Both the insured and the insurer have duties and obligations imposed on them not only by the provisions of an insurance contact, but also by legislation and case law/common law.
It is important when considering any insurance claim or dispute that you not only consider the contents of the insurance contact but also the contents of the applicable legislation.
As some of the insurance legislation is primarily designed to provide consumer protection, cases do arise where an insurer will decline a claim without properly taking into account or considering the effect of the applicable legislation.
If an insurer fails to provide cover and denies their obligations under an insurance contact it will then be up to you as the insured to take further action to enforce your rights.
As dealing with an insurer can sometimes be difficult at the best of times, often legal assistance is required when lodging an insurance claim, particularly if the claim is for a substantial amount or includes numerous items. It is important to ensure that any claim submitted covers all items and amounts allowable under your insurance contract.
As most insurers require a release to be signed by the insured when paying out a claim you will not normally be able to make further claims associated with an incident that has previously been paid out.
How We Can Help
We can assist by:
- Identifying potential areas of concern or risk;
- Highlighting your rights and obligations under an insurance contact and at law;
- Handle insurance disputes and liaise with the insurer on your behalf;
- Identify avenues and options that may be available to you when an insurance dispute arrises;
- Assisting you in completing claim documentation.
If you would like to discuss your matter with a member of our staff, please contact: