Liability law and insurance law

You are properly insured. Or so you think. Then disaster strikes and your insurer, or the other party’s insurer, refuses to pay. What now? Were you not properly insured after all? Are you not entitled to an indemnity? And your adviser had assured you that everything was properly arranged. Or does the other party deny liability?

Is the loss covered, or not?

It is, of course, very unpleasant to suffer loss, for example as a result of an accident, a fire or incapacity for work. Situations in which you or one of your employees causes loss to another person can also cause considerable concern.

It becomes even more difficult if you are then required to bear the entire loss yourself because your insurer, or the other party’s insurer, refuses to pay.

Refusal to pay

The other party’s insurer refuses to pay

If your loss was caused by another person, you may be able to recover that loss from the other party. In practice, however, you will often be dealing with that party’s insurer. The insurer may deny liability or take the position, on other grounds, that no payment is due. This can lead to complex disputes in which you may wonder whether unreasonable arguments are being used in an attempt to reduce the amount payable.

Your own insurer refuses to pay

For peace of mind, you may also have taken out insurance against possible loss or loss of income. In practice, that peace of mind can prove misplaced if the insurer is unwilling to pay all or part of the loss, or the agreed amount. How can that be, when you have paid so much in premiums and believed you were properly insured?

Is the refusal to pay justified?

In practice, we regularly see disputes with insurers about liability. Insurers also frequently rely on restrictive provisions in their policy terms and conditions, or allege that you, as the policyholder, have failed to comply with your obligations, such as the duty to notify the loss in good time and to take measures to mitigate it. This can give rise to a legal dispute about insurance coverage and whether the insurer may reduce the payment or refuse it altogether.

Obtain timely legal assistance from a specialist insurance law lawyer

In such a legal dispute, the insurer will often have access to a substantial team of in-house and external lawyers. It is therefore advisable to obtain timely assistance from a specialist insurance law lawyer. We represent your interests in dealings with the insurer so that you receive what you are entitled to. If necessary, we will commence court proceedings.