Insurance Litigation:

The subject of insurance litigation varies widely. Some issues relate to an insurer's alleged "bad faith," including failure to make important information available to the policyholder or to conduct a reasonable and timely investigation into circumstances of the claim. Other lawsuits may revolve around a denial of a claim or offering the claimant significantly less money than the actual worth of the claim. Refusing to negotiate or settle claims is also a common subject of litigation. Obtaining proper legal advice from a Debt Recovery and Insurance Lawyer may be greatly beneficial if you are dealing with insurance litigation.

An understanding of an insurance contract is fundamental in an insurance litigation matter. A contract of insurance need not be in writing nor have any particular form but the contract will usually be in the form of a policy. In some cases — such as contracts of marine insurance — a policy in writing is required. An insurance policy is a contract under which an insurer, in consideration of payment to it of a premium, agrees either to indemnify the insured person or to pay a particular amount on the happening of a specified event. There must be some uncertainty about the event, either as to when it will occur or whether it will occur at all. There will usually be a time limit to the duration of the contract, which will define the period of insurance. The consideration for the contract is usually, although not necessarily, the payment of a premium. Usually the contract will allow for renewal at its expiration provided that a further premium is paid, and sometimes on different terms. Professional legal advice from a Debt Recovery and Insurance Lawyer may be of great assistance in this regard.

The contract of insurance provides the platform upon which all other related aspects of insurance law are based. Knowledge and understanding of the principles of insurance law is essential to the conduct of insurance-related work. Sound legal advice from a skilled Debt Recovery and Insurance Lawyer may be advantageous to ensure that any insurance litigation pleadings are properly drafted.

In addition, advice and assistance on the law of litigation insurance can involve issues such as policy interpretation and wording; Contractual disputes between insurer and insured; fraud, including arson; non-disclosure, misrepresentation and utmost good faith and Insurable interests, subrogation and agency law.

If you would like further information or wish to discuss your insurance matter with us please do not hesitate to contact us by telephone on (02) 9233 4048 or by email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.