Insurance Disputes Solicitors
Complex insurance disputes require legal expertise delivered at speed and with meticulous accuracy. Our corporate and commercial law solicitors, based in Holborn and with over 20 years of experience, will ensure your dispute is resolved smoothly.
Under the Insurance Act 2015, you owe your insurer a duty of fair presentation when you take out a policy, disclosing every material circumstance you know or ought to know, and a breach can give the insurer grounds to reduce or refuse your claim. If your insurer has declined, delayed, or underpaid a claim, your position often turns on how the policy was presented at the outset and how its wording is interpreted. We advise businesses on insurance disputes from offices in Stratford E15, Holborn WC1V, and Croydon CR0, and we are regulated by the Solicitors Regulation Authority.
What does our insurance disputes service cover?
Resolving an insurance dispute means examining the policy wording, your disclosure history, and the insurer’s stated reasons for its decision. We advise and act on:
- Declined and repudiated claims, challenging an insurer’s decision to refuse cover for a claim you believe is valid.
- Underpaid claims, where your insurer has settled for less than the policy properly requires.
- Disputes over the duty of fair presentation under the Insurance Act 2015, including allegations of non-disclosure or misrepresentation at inception.
- Delayed claims handling, including claims for damages under section 28 of the Enterprise Act 2016 where an insurer has failed to pay a valid claim within a reasonable time.
- Policy interpretation disputes, where you and your insurer disagree on what a policy actually covers.
- Business interruption insurance disputes, including disagreements over the scope and calculation of cover.
- Professional indemnity, directors’ and officers’, and other liability insurance disputes.
- Advising you on referrals to the Financial Ombudsman Service where appropriate, as an alternative to court proceedings.
- Litigation against insurers where your dispute cannot be resolved through negotiation or complaint.
Why choose Law Lane for insurance disputes?
Our Holborn office is well placed for City businesses and corporate clients. We advise start-ups and growth-stage companies that have outgrown informal arrangements and need proper documentation before they can take the next step, as well as more established businesses facing specific transactions or disputes.
We are a multilingual firm. Our solicitors speak a range of languages, and we advise many clients from international backgrounds doing business in England and Wales. If your transaction involves overseas shareholders or cross-border elements, we can manage the English law side clearly and effectively.
Get in touch
If your insurer has declined or delayed a claim, our commercial team can advise you on challenging the decision.
Phone: 020 7870 4870
Email: info@lawlanesolicitors.co.uk
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Frequently Asked Questions – Insurance Disputes
What is the duty of fair presentation and why does it affect my claim?
The duty of fair presentation under the Insurance Act 2015 requires you, as the business taking out insurance, to disclose every material circumstance you know or ought to know, presented clearly enough for a prudent insurer to assess the risk. If your insurer later argues you breached this duty deliberately or recklessly, it may treat the policy as if it never existed and refuse to pay any claim. We assess whether an insurer’s non-disclosure argument actually holds up against what you reasonably knew at the time.
Can I claim damages if my insurer delays paying a valid claim?
Yes, in certain circumstances. Section 28 of the Enterprise Act 2016 inserted an implied term into the Insurance Act 2015 requiring insurers to pay valid claims within a reasonable time, and you can claim damages for additional loss caused by unreasonable delay. We assess whether the delay you have experienced was reasonable and whether a damages claim is available to you.
What is the Financial Ombudsman Service, and should I use it instead of going to court?
The Financial Ombudsman Service is a free, independent service that resolves complaints between individuals or small businesses and financial businesses, including insurers, and can direct a business to put things right if it upholds your complaint. It can be quicker and cheaper than litigation for straightforward disputes, but its awards are subject to limits, so it may not suit a complex or high-value claim. We advise on whether the Ombudsman route or court proceedings fits your situation.
What should I do if my insurer rejects my claim?
Request your insurer’s full reasons for rejection in writing and compare these carefully against your policy wording before accepting the decision. A properly argued challenge can often result in a rejection being reversed, so take advice before treating a rejection as final. We can review your policy and your insurer’s decision and advise you on the strength of a challenge.
How much does an initial consultation cost?
We offer a fixed-fee initial consultation for company and commercial matters. At that meeting, we listen to your situation, identify the legal issues, and explain the steps and costs involved. Get in touch to arrange a time.
Company Law Team
Sikandar Ali Jatoi
Director, Solicitor AdvocateView Profile | ContactBook Appointment
Trung Nam Nguyen
Consultant SolicitorView Profile | ContactBook Appointment
