Liability Claims

The days when an insurer could pay a claim even when they weren’t required to accept liability are long gone. Now, the insurance company’s first response to a new claim is to appoint loss adjusters to act in their interests and review the circumstances of the loss. On top of this, the insurers will frequently hire forensic scientists, forensic accountants and other experts to find evidence that allows them to refuse to pay, such as a breach of a warranty or condition within the policy, or incorrect information.

While your insurer and their loss adjuster might appear optimistic in the initial meetings, and will likely treat you with appropriate professional courtesy, policyholders should always remember that they are constantly looking for a way to abandon the claim or to only pay part, leaving the claimant with significant uninsured losses they must then cover on their own.

We work closely with our clients and their accountants, lawyers and brokers, using specialist strategy and tactics to present a review of all the relevant circumstances in a way that means the insurance company will be faced with no choice but to accept liability and pay a reasonable sum. We often advise policyholders to bring in their own forensic scientist to attend all the meetings with the party employed by the insurer to make sure all the evidence presented is valid and correct.

In some circumstances, claimants may have to turn to a third party for some or all of their claim: this may be a supplier, contractor or workman whose actions caused the incident, or an adviser such as a broker who has failed in their duty of care to the policyholder. We advise on the best way to handle these situations, bringing in experts to progress these issues if appropriate.

Waiting for insurers to accept liability and arguing your case when they won’t is a stressful and often lengthy process, and is particularly disruptive when you are already trying to deal with the emotional impact of a major incident in your home or business. We draw on our specialist skills and vast experience to offer guidance and advice from the start of the claim to the end, delivering the desired outcome as quickly as possible.