Cover Disputes

If a claim has been made against you, your immediate concern will be whether your insurance policy will provide cover in order to limit your personal liability.

If you have suffered loss or damage to your vehicle or property you will be looking to ensure that your insurance policy will cover you for the repair or replacement that is required.

Hearing that your insurance policy does not cover you for a specific situation can be extremely frustrating. Many of our clients approach us for advice on how to proceed in these circumstances and to discuss the options available, including reviewing policy documents and wording of clauses.

We are seeing a rise in these types of claims, known as first party disputes, which have become increasingly important in the current economic climate. These disputes are generally between an individual or business and their own insurance company, usually over questions of indemnity when a claim is made.

Our team will thoroughly analyse the insurance contract between you and your insurer to determine whether the insurance policy should provide appropriate cover in the circumstances.

We can also consider the clauses and terms of the contract to advise you of your options in relation to the claim. Interpretation of the wording of an insurance policy can often be an important factor in whether a matter is successful or not.

Often first party dispute cases involve allegations of non-disclosure whereby indemnity is refused due to the policyholder’s failure to inform the insurer of a certain fact. These cases frequently turn on whether the alleged non-disclosure by a policyholder is material. The test is essentially that something is material if it would have influenced the judgment of a prudent insurer in fixing the premium or in deciding if it would take the risk.

Our team is comprised of skilled negotiators who are experienced in dealing with insurance matters. We ensure that we are constantly aware of the latest legal updates in relation to insurance developments and relevant case law so that we are able to provide our clients with an efficient and effective service based on a solid foundation of knowledge.

Insurer conduct

You may have concerns about the conduct of your insurer or broker in relation to the performance of the insurance contract, or in relation to the sale or suitability of the policy in the first place.

A number of our clients approach us as they feel they have been provided with an insurance policy that is either not appropriate for their requirements or unnecessary in the circumstances.

We can advise you on the processes involved in dealing with a claim of this nature and can assist in the resolution of any subsequent dispute that may arise.

We can also provide assistance to our clients who require representation before a formal organisation such as the Financial Ombudsman Service.

Meet the team

Kelvin Farmaner

Partner
Southampton

Bethany Blamire

Partner
Southampton

Sarah Wheadon

Partner
Southampton

Chris Whiteley

Managing Partner
Salisbury

James Braund

Senior Associate
Poole

Sarah Huck

Solicitor
Southampton

Andrew Boba

Paralegal
Southampton