Resolving insurance disputes

25 Feb 2016

BLM partner and head of property damage, Cathy Hawkins has taken part in a discussion on resolving insurance disputes for a feature which has been published in the latest edition of Financier Worldwide.

When asked what key trends she has seen in insurance disputes over the last 12-18 months, Cathy said: "Disputes commonly arise due to misunderstandings about what situations the insurance policy covers. Regarding public liability policies, some policyholders don’t realise that they do not usually cover contractual liability, where the insured would not be liable in negligence, unless there is special provision. There also seems to be an increasing expectation that underwriters ought to know things without being told. But in fact, apart from where information really is ‘common knowledge’, the writers cannot be expected to know about the details of the policyholders’ business. That is why they ask questions and expect a fair presentation to be made of the risk. A common factor in misunderstandings about policy cover may be that there is a failure of communication at some level about what insurance policies cover – this is often in the SME market where busy people perhaps do not give it much thought or have not had enough input from a broker."

For the full feature, please click here to be directed to the Financier Worldwide website.

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

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