If your insurer has refused to pay out on a claim you have tried to make then get in touch with us and we may be able to help.
Our team of expert Insurance lawyers, led by Peter Hall are specialists in taking on the big Insurance companies and forcing them to pay out on your claims.
The insurance industry only makes money because it collects more money in premiums that it pays out in claims. As such it is quite logical to expect Insurance companies to try to avoid paying out on any claims.
The problem though is that the Insurance Company is a huge organisation with a bottomless pit of resources with which to challenge you. You would be right in thinking you don’t have chance in taking them on.
That doesn’t seem very fair, especially when you have paid your premiums for years and never previously had a claim.
Our team of experts were all previously, at one time or another employed by the insurance industry. They know the tricks, they know the angles and they just want to help you get what you are entitled to.
We will usually be able to take your case on a “no win – no fee” basis which means it doesn’t cost you anything to challenge your insurer when they refuse your claim*.
Some recent examples of cases we have been involved in:
Insurer refusing to pay out on a claim for a homeowner who had suffered subsidence due to there being a tree planted too close to her property. She did not disclose this on her application form but it turned out that the tree was in her neighbours garden and she could not have known about it;
Insurer refusing to pay out after a landlord suffered the total destruction of one of his house in a fire caused by a tenant. The insurer claimed they did not have to pay out for criminal damage. It is correct that the policy excluded criminal damage but the court concluded that the insurer still had to pay under the clause relating to fire damage.
Insurer refusing to pay out when a business premises was flooded and all the stock was destroyed. The business was closed for 9 months and the owners feared that without a pay-out from the insurers they would never re-open. The insurer stated they did not have to pay out for a flood which was an act of god. The court held that the damage was caused by water damage due to the drains over flowing and the flood waters not being diverted. The court concluded it was not the actual flood that caused the damage. The insurer was forced to meet our client’s claim.
*In some case we may require you to fund accountant’s or other expert’s reports if the cost is otherwise prohibitive and you may be advised to take out an insurance policy to cover your opponent’s costs in the event that you lose your claim.
The COVID-19 spread has had a catastrophic impact on UK business. Since March 5th the Government made COVID-19 a notifiable disease and as of March 20th effectively shut all but essential businesses. Consequently many businesses have had to consider alternative methods to carrying on working but the hospitality industry has been decimated.
It is natural to consider to what extent existing insurance arrangements can respond to the near catastrophic losses that many UK businesses now face. It is not easy to find answers because there is considerable confusion with insurers and insurance brokers. If you want an independent opinion, please contact us now
The primary source of cover will be the Business Interruption (BI) which is usually provided as part and parcel of a comprehensive insurance package that also covers property and liabilities.
Most BI sections provide an extension to provide cover under the above. COVID-19 was notifiable on 5th March 2020 in the UK. Same should be enough to trigger cover under a Notifiable Disease clause. If the BI cover was written on the basis of ‘Specified Disease’ it is virtually certain to be the case that COVID-19 would not be so specified in order to trigger cover. However, it is as well for the wording to be examined.
Denial of Access/Loss of Attraction
BI policies usually have by way of extension cover for losses arising to the business as a result of wider area issues. In 2009 there was widespread flooding in Cockermouth, Cumbria so that businesses in that area whether they were directly affected or not could not trade because the town centre was effectively a building site for 6 months. There were legitimate claims for denial of access and/or loss of attraction. In a similar manner it can be argued that since the spread of COVID-19 there has been damage to the wider area preventing access to the respective business.
What we will need
Please forward your policy, policy schedule and any correspondence from your broker or insurance company. We can offer a fixed price appraisal of your claim and in appropriate cases we can act on a no win no fee basis.