Insurance claims

Insurance claim lawyer: declined claims and coverage disputes

We advise on policy coverage, the operation of exclusions, and claims that insurers have declined, particularly under public liability and professional negligence policies. Michael practised for eight years at a leading insurance law practice.

How we can help

Policyholders

  • Claims declined by an insurer
  • Disputes over what a policy covers
  • Underpaid or delayed claims
  • Building and property damage claims

Businesses and professionals

  • Public liability policy coverage
  • Professional indemnity claims
  • How exclusions apply to a claim against you
  • Claims against the insurers of liable parties

Insurance and building claims

Many of our insurance cases arise from building disputes. Builders, developers and designers usually look to their liability insurers when a claim is made against them, and owners often need to know whether that insurance will respond before they decide who to sue. We also act for parties who have had to issue proceedings against insurers over leaky building claims.

If your claim has been declined

  1. Get the reasons and the policy

    Ask for the decline in writing, with the policy wording the insurer relies on.

  2. Get advice on the decline

    We review the policy, the exclusions and the facts, and tell you whether the decline is open to challenge.

  3. Complain to the insurer

    Use its internal complaints process, with a clear statement of why the decline is wrong.

  4. Dispute scheme or court

    Take it to the insurer’s dispute resolution scheme, such as the Insurance & Financial Services Ombudsman, or to court for larger and more complex claims.

Insurance claims: common questions

My insurer has declined my claim. What can I do?

Ask the insurer for its reasons in writing and a copy of your full policy. Use its internal complaints process, and if that does not resolve it, the dispute resolution scheme the insurer belongs to, such as the Insurance & Financial Services Ombudsman. For larger or more complex claims, court proceedings may be the better route. We can advise on the strength of the decline before you choose.

Does my liability insurance cover a claim made against me?

It depends on the policy wording, especially the insuring clause, the exclusions and when the policy requires a claim to be notified. Public liability and professional indemnity policies are often disputed on exclusions. Notify your insurer promptly and get advice before you accept or deny responsibility.

Can I claim on insurance for a leaky or defective building?

Home insurance policies commonly exclude gradual damage and defective workmanship, so cover is often limited. Claims against the insurers of the builder, developer or designer may be more promising. We act for parties who have had to issue proceedings against insurers in leaky building claims.

How long do I have to challenge an insurer’s decision?

Time limits apply both under the Limitation Act 2010 and under some policies and dispute schemes, so act promptly once a claim is declined. Bring the policy and the decline letter to your first consultation and we will tell you where you stand.

These answers are general information, not legal advice for your situation.

Has your insurer declined your claim?

Bring your policy and the insurer’s letter to a free first consultation. We will tell you whether the decline can be challenged, and the best way to do it.

We aim to reply within 24 hours. Every enquiry is held in strict confidence.

Other areas we can help with