Insurance Disputes - 2

Source :

http://www.darlingtons.com/site/srvbusiness/srvbusinesslitigationanddisputes/srvinsurancedisputes/

Insurance Disputes

Disputes relating to insurance claims are increasingly common, and, for individuals and businesses, contesting a situation where an insurer will not pay out or offers a sum lower than the loss suffered can be daunting, as insurers have the financial resources to dispute or delay any claim.

The term insurance disputes can also include miss-selling of insurance policies, typically payment protection insurance (PPI). Our Insurance claims team has experience of dealing with a wide variety of situations and claims, and most importantly, we know how to convince Insurers to take your position and claim seriously. In some instances, the insurer will try to argue that the insurance claim isn’t covered by the terms of the insurance contract and interpretation of the terms of the contract can be dealt with in much the same way as other contract disputes.

Our specialist insurance claims lawyers are also experience in dealing with referrals to the insurance Ombudsman. Such a referral can be frustrating as the Ombudsman’s powers are limited, but referral can be a useful tactical measure. Mediation, arbitration or Alternative Dispute Resolution  may also be available and/or required by the insurance contract. Generally, for all the above reasons and not least costs and risk, use of the Courts are a last resort.

Additional advice is available on oyther parts of this site relating to business disputes and our microsite alos covers commercial litigation together with ancillary topics such as without prejudice negotiations.

If a formal Court claim becomes necessary there are 3 basic possibilities, as follows :

• ask the Court to make a “Declaration” as to the meaning of a disputed part of the contract
• either replace lost, stolen or damaged items or have work undertaken at your own cost and then sue the insurer for the cost of it (but always obtain a number of independent quotes and full receipts), or
• make a claim for specific performance where the Court is asked to make the insurer stick to the terms of the contract. This option is rarely used because such an application has to be made in the High Court, is expensive and the outcome uncertain.

PPI CLAIMS

If you have been sold Payment Protection Insurance (PPI) when you took out a mortgage, loan, credit card or store card, you may be able to claim back some or all of the premiums. You may have purchased PPI without actually realising it, such has been the extent of the mis-selling of the product.

There are some basic criteria for investigating a claim, which are:

• whether the PPI policy started within the last six years
• The policy started over six years ago but you are still using it or it ended within the last six years
• the policy ended over six years ago but you still have the paperwork

If any of these circumstances apply to you, please contact us for an immediate, no obligation assessment.

 

 

Best Regards :

Selvi Aldriani – 0817.487.0850

R&D and Technical Advisor

PT. Dian Makmur Jaya Abadi