Insurance Disputes

Insurance Dispute Lawyers

Insurance is there to provide you and your business with protection and peace of mind, so that when things go wrong, you won’t have to bear the burden and cost of putting it right.

For many businesses, it is compulsory to have certain types of commercial insurance, for example employers’ liability, public liability and professional indemnity insurance.

It is also preferable to have supplemental insurance to reduce your exposure to directors and officers (D&O) liability, damage to goods in transit (cargo), business interruption, buildings and property insurance (including fire, water escape, theft and fraud), as well as product liability and recall, environmental and pollution risk, cyber security and data privacy. The list goes on.

However, insurance disputes can often arise when an insurer refuses to provide cover or an indemnity (pay out as much as you expected to meet your loss) under the policy, or they say that a particular type of accident, event, incident or other insured peril is excluded under the policy, depending on the facts of your claim.

An insurer might also say that you haven’t given notice, complied with a condition precedent or term of the policy, or failed to give fair presentation of risk and material disclosure of a demand or need, which would have lead them not to provide insurance had they known about it.

The steaks are often high when it comes to an insurance coverage dispute, which often means the difference between you having to bear liability personally to make good certain types of loss and damage or for it to be taken off the bottom line of your business, which can often be catastrophic.

Our insurance disputes team act primarily for business policyholders, directors and officers (‘D&O’) of companies, commercial landlords, insured professionals (such as architects, engineers, solicitors, surveyors and medical professionals etc) and private client (high net worth individuals) in relation to coverage and indemnity disputes with their insurers.

We will provide you with commercial and legally sound advice, taking all steps necessary to protect your interests arising from an insurance dispute. We will strive to ensure that you secure the cover you expected and are indemnified for any liability and/or losses that you or your business might have incurred in relation to an insured event, and have appropriate and adequate insurance provisions and programmes in place to avoid a situation when you find yourself without cover.

We provide advice and support in relation to the following types of Financial Lines insurance claims and disputes:

  • Business interruption (‘BI’) insurance
  • Buildings and commercial property insurance
  • Directors & officers (‘D&O’) liability
  • Third party liability
  • Cargo (goods lost or damaged in transit)
  • Cyber security and data protection liability
  • Employers and public liability (‘EL/PL’)
  • Escape of water
  • Fire and theft
  • Fraud
  • Loss of rental income
  • Product liability and recall
  • Professional negligence and indemnity
  • Property damage
  • Reinsurance

We can also support you in relation to non-contentious insurance matters, including reviewing your commercial risk insurance programmes, draft and interpret policy wording, help you prepare material disclosure to your insurer and advise you where there might be gaps in your insurance or underinsurance for your commercial risk profile in order to mitigate your liability and exposure.

To find out how our insurance dispute lawyers in London may be able to help your business, please get in touch with us today.

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Fletcher Day's excellent practice provides good quality, realistic and sensible advice, with particular expertise in the casual dining and retail sectors. - The Legal 500, 2019