Insurance Disputes    

When we insure the things that matter at home and at work, we usually do so hoping that the circumstances which will lead to a claim never eventuate. If that claim then becomes the subject of a dispute between the insurer and the insured, not surprisingly the impact on you l and your business can be devastating.

If your insurance company attempts to either avoid or pay less than the amount you are claiming, there may be legal avenues available to you to challenge their actions. The Insurance Contracts Act 1984 is a Commonwealth Act that governs the operation of insurance contracts throughout Australia. It imposes on Insurers (and policy holders) a duty of utmost good faith. This means that an insurer is required to act fairly and reasonably at all times and in accordance with expected community standards of decency and fair dealing. These obligations supplement the ordinary obligations that an insurer is under when it enters into an insurance contract (or policy) with you. Too often policy holders are not informed of the rights that they have against insurers.

There are plenty of dispute resolution avenues you can explore to seek redress against an insurer. These avenues are usually more cost effective than litigation. It is important that you seek legal advice about these issues at an early stage, especially if an insurer has denied your claim and in doing so has expressly or impliedly made allegations against your conduct.

We regularly act for clients in a variety of insurance dispute scenarios including the following:

• The insurer denies coverage arising from property damages caused by tree root interference, white ants, crime and many more instances
• The insurer attempts to deny indemnity by relying on an exemption in the policy when they are not entitled to
• The insurer wrongly alleges that you deliberately caused the fire or property damage
• After a house fire or major property damage the insurer attempts to partly or fully deny indemnity
• The insurer wrongly alleges that you fraudulently claimed items that you did not own
• The insurer attempts to only pay you replacement value when the contract specifies new for old

Key Issues

What can I do if I'm not happy with the outcome of my insurance claim?

If you find yourself in a dispute with an insurance company, Slater & Gordon strongly recommend that that you do not agree or sign any documents provided to you without first seeking legal advice to ensure that your rights and entitlements are fully protected.

Slater & Gordon can help. Our commercial litigation lawyers will work with you to assess the relevant issues and advise you frankly of the legal options and avenues available to resolve your circumstances.

We regularly provide legal advice and assistance in disputes relating to all types of policy claims including:

• Car insurance
• House and contents insurance
• Claims against local government
• Property insurance
• Life insurance
• Income protection
• Professional negligence
• Business interruption
• Marine insurance

Talk to us

If you are in dispute with an insurance company and would like more information about how we can help you, please contact us either by email or by calling direct on 1800 555 777.