Insurance Disputes

What are Insurance Disputes?

Insurance disputes occur when an insured party makes a claim for compensation, and the insurance company denies the claim and refuses to compensate the insured party for their loss.

We frequently see a large number of legitimate claims being denied by both big and small insurance companies. This is because insurance companies aim to maximise profits. The fewer claims they need to pay out, the better it is for their bottom line. These insurance companies have gained a reputation for attempting to find any loophole in your policy that may give them the right to deny you compensation.

What Is Involved in the Insurance Process?

When you make an insurance claim, there are certain components that commonly form part of the overall claims process.

Stage 1

Incident

Stage 2

Claims Process

Stage 3

Internal Review Process

Stage 4

External Review Process

Stage 5

Court Process

We can assist you during any stage of the insurance process. From providing advice when the incident occurs in order to ensure you comply with your insurance contract when making the initial claim to drafting court documents in support of your position and appearing for you at a court hearing during Stage 5.

For detailed information on each stage of the insurance process, read our comprehensive guide to the Insurance Process in Australia.

Reasons for denying an Insurance Claim

Non-Disclosure

The insurance company claims that you didn’t provide comprehensive, relevant or accurate information prior to taking out the insurance policy.

Exclusion clauses

The insurance company claims that certain clauses in your insurance policy exclude coverage of the type of loss you have suffered or the particular event that caused the loss.

Fraud

The insurance company claims that you have acted or engaged fraudulently in some way.

Loss not caused by event

The insurance company claims that the particular damage or loss you are claiming compensation for was not actually caused by an event that you are covered for under your policy.

Policy cancellation

The insurance company has cancelled your policy for a specific reason (i.e. non-renewal or non-payment).

Example of an Insurance Claim

In 2011, a category 5 cyclone named Yasi, ripped through northern Queensland. Amongst the devastation to the area was a yacht, which sustained damage and became submerged. When the cyclone had passed, the water in the yacht was pumped out and the yacht was made buoyant again.

It was at this stage that the yacht owner’s insurance company got involved. The company proceeded to high-pressure clean the yacht on hardstand and managed to rip holes in the hull. So when the yacht was then placed back in the water, it sank.

The insurance company denied the owner’s insurance claim stating that their insurance policy did not cover hull damage. The owner then disputed their denied claim.

How we can help

If your insurance provider is refusing to honour your property or business insurance claim, you may have a legal case to take action against them.

If you don’t have the right representation, your insurer may refuse your claim based on a pure technicality, and you may find it incredibly difficult to force the insurance company to change their decision. When you’re in desperate need for cash and the insurance company is continuously delaying your matter by denying your arguments and absolving themselves of any liability, you need lawyers who are going to fight for you, and fight hard.

Gibbs Wright Litigation Lawyers can assist you with professional advice regarding how to approach your insurance dispute, as well as being a powerful advocate for your case in an internal review, during an external review process through the Australian Financial Complaints Authority (AFCA) and in any subsequent court proceedings. We are not scared of a fight, and we are ready to fight hard for you.

Talk to us about your Insurance dispute

We offer an intial, no cost, obligation-free consultation to assess the strength of your case.