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Insurance litigation

We have an excellent track record of persuading insurers to honour claims which they initially sought to reject.  Where that is not possible, in appropriate cases we can seek to compel insurers to meet a claim via the Financial Ombudsman Service (where appropriate) or the courts.

We can advise in relation to commercial and domestic insurances of most types including property/buildings insurance, business interruption, combined all risk cover, critical illness, health, public liability, professional indemnity and sporting injury/income protection cover.

We can advise upon disputes concerning:

  • Interpretation of policy terms and exclusion clauses.
  • Misrepresentation and non-disclosure.
  • Breach of conditions precedent.
  • Breach of warranty.
  • Allegations of fraud.

The experience of our Partners in this area includes:

  • Successfully challenging an insurer’s refusal to meet a claim under a policy of personal accident and sickness insurance on behalf of a professional rugby player following a career ending injury.
  • Successfully contesting the refusal on an insurer to meet a claim under a policy of buildings insurance following storm damage, where the insurer asserted the damage was caused by wear and tear.

Services for brokers

If your client has a claim declined or an underwriter seeks to avoid cover, you may be able to influence certain decisions in order to assist your client. On those occasions where an informal resolution cannot be achieved your client may need to seek expert legal advice and representation.

We advise insurance brokers on coverage disputes at no cost. This includes a detailed review of the relevant documentation and meeting with you and/or your client to discuss matters. Where it appears that a claim ought to be pursed, your client can opt to instruct us if they would like to.

Please contact us for more information.