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Get legal help with delayed or rejected insurance claims for both business and personal policies.
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INSURANCE LAWYERS IN MELBOURNE: PROTECTING YOUR RIGHTS AND BENEFITS
At Pentana Stanton Lawyers, our dedicated lawyers for insurance claims are here to help you navigate the complex world of insurance claims. We understand that having your insurance claim rejected or unreasonably delayed can be a source of stress and hardship. That’s why we are committed to assisting you in lodging and negotiating insurance claims, ensuring that you receive your full benefits when you need them the most.
Public and Products Liability
Professional Indemnity Insurance
Property Damage Insurance
Business Insurance
Home and Contents Insurance
Motor Vehicle Insurance
Claims Against Insurance Brokers and Agents
Policy Negotiation, Coverage and Advice
Construction and Building Insurance
Directors’ and Officers’ (D&O) Liability Insurance
Death Benefits Insurance
Recoveries and Property Damage
How We Can Help with Insurance Claims
Dealing with insurance companies can be overwhelming, especially when they use the fine print to deny or delay your claim. With an experienced insurance lawyer by your side, you can take on even well-resourced insurance companies with confidence. At Pentana Stanton Lawyers, we have the knowledge and expertise to hold insurance companies accountable for unreasonably denying or delaying your claim. We offer the following services to assist you:
- Validating Your Claim: We will assess your situation to determine if you have a valid insurance claim based on the terms and conditions of your policy.
- Understanding Policy Details: Insurance policies often contain complex fine print. Our team will help you understand the intricacies of your policy, ensuring that you know your rights and obligations.
- Making Claims and Disputes: We will handle the process of making an insurance claim on your behalf. If your claim is rejected, we will represent you in lodging a dispute with the insurance company.
- Representation in Tribunals and Courts: In cases where a resolution cannot be reached through negotiation, we will provide strong representation in tribunals or courts, advocating for your rights and interests.
- Achieving Fair Results: Our insurance lawyers goal is to ensure you receive the outcome you deserve. This may include pursuing penalty interest from the insurer if they caused unreasonable delays in processing your claim.
Types of Insurance Claims We Assist With
Our experienced insurance lawyers can assist you with various types of insurance claims, including:
- Business Insurance: If your business has suffered property damage, stock loss, loss of profits, or liability risks, we can help you make a claim or dispute a rejection.
- Home and Contents Insurance: Whether it’s damaged from natural disasters or the cost of repairing or replacing structural damage to your home, we can guide you through the process of making a claim.
- Car Insurance: From vehicle damage due to accidents, theft, or natural disasters to disputes with other parties involved, our lawyers insurance claim can help you navigate the complexities of car insurance claims.
- Travel Insurance: If your travel insurance claim has been denied, particularly when you’re overseas, we understand the stress and financial burden it can cause. Our lawyers for home insurance claims team is here to assist you.
Common Reasons for Rejected Insurance Claims
Insurance companies may reject claims for various reasons. Here are five common ones:
- Insufficient Evidence: The insurer may claim that you haven’t provided enough evidence to support your claim. We can help you gather the necessary documentation, such as claim forms, item lists, reports, and statements, to strengthen your case.
- Failure to Disclose Information: If the insurer believes you failed to disclose important information when renewing or taking out the policy, they may reject your claim. We can assess the accuracy and completeness of your disclosures and challenge any wrongful rejection.
- Non-Compliance with Conditions: Insurers may argue that you haven’t complied with certain conditions or that an exclusion clause applies. We will carefully review your policy to determine the validity of their claims.
- Dishonesty or Fraud: Accusations of dishonest or fraudulent behaviour can result in claim rejections. If you’re facing such allegations, it’s crucial to seek legal advice promptly, and our team is here to support you.
- Lapsed Policy: If your policy was cancelled due to non-payment or non-renewal, the insurer may reject your claim if the incident occurred while the policy was inactive. We can assess the circumstances surrounding the cancellation and fight for your rights.
Disputing a Rejected Claim: What You Need
To dispute an insurer’s decision, you will generally need the following:
- Evidence and Supporting Documents: Gathering reports, assessments, photos, receipts, correspondence, and financial statements can provide vital background information to support your dispute.
- Claim Outcome Details: Clearly articulate the desired outcome of your dispute and provide relevant calculations that demonstrate financial loss or compensation.
- Timeline of Events: Creating a timeline helps everyone involved understand the sequence of events related to the insured incident. Small details can significantly impact the outcome of your claim.
How We Can Help with Claim Disputes
At Pentana Stanton Lawyers, we firmly believe in your right to challenge a denied or rejected insurance claim. Our approach includes:
- Policy Evaluation: We will thoroughly review your insurance policy to understand your coverage and provide you with advice on the strength of your claim and the expected outcome.
- Dispute Initiation: Our team will contact your insurer on your behalf, clearly expressing your intention to dispute their decision and advocating for a fair resolution.
- Internal Review: If the insurer’s initial decision does not resolve your problem, we will guide you through your insurer’s internal dispute resolution process.
- External Dispute Resolution: If internal resolution attempts fail, we can escalate the dispute by lodging a complaint with the Australian Financial Complaints Authority (AFCA) or filing a court case, ensuring your interests are represented.
Contact Us Today
When it comes to insurance claims, don’t let the process intimidate you. Seek the support of our skilled insurance lawyers at Pentana Stanton Lawyers. We are committed to protecting your rights and ensuring you receive the benefits you are entitled to. Contact us today to schedule a consultation and let us guide you through the complexities of insurance claims and dispute resolution.
Success Stories
Most Common Reasons for Rejected Insurance Claims
- You don’t have enough evidence.
- You’ve failed to disclose information.
- You’ve failed to comply with the terms and conditions.
- You’ve acted dishonestly or fraudulently.
- Your policy was inactive at the time of the event.
The insurer claims you don’t have enough evidence to support your claim.
Depending on the type of claim, evidence can include lists of lost/damaged items, valuations, expert reports, and financial records.
The insurer claims you’ve failed to disclose relevant information when you renewed or took out a policy.
For example, many personal insurance policies require that you declare criminal convictions upon renewal/purchase.
The insurer claims you’ve breached a policy term or condition.
Many policies have extensive fine print, so always read the PDS before taking out a policy.
The insurer claims you’ve acted dishonestly or fraudulently.
Fraud can have serious legal consequences, so, if your insurer is accusing you of fraud, get advice from a criminal lawyer.
The insurer claims your policy was inactive at the time of the event.
If the event happened before your policy was taken out, or if your policy wasn’t renewed, your claim may be rejected.
Practical Guides to Insurance Law
When you’re preparing for your consultation with one of our team, reading up on the basics of insurance law can be helpful.
Get started with our library of easy-to-read articles and guides.
Insurance Law FAQs
Does statutory liability insurance cover deliberate breaches or criminal charges?
Normally, penalties, legal costs, and investigative costs are not covered by statutory insurance if they arise from:
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- Deliberate breaches of the legislation
- Fraud and other criminal charges
- Unrelated court proceedings
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Your insurance PDS may also exclude or not cover certain pieces of legislation or scenarios. Always make sure you read the PDS in detail.
Does statutory liability cover employees, directors, or the company?
Statutory liability insurance normally covers:
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- The entity itself (for example, the company)
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- Any owners, partners, directors, trustees, or executives
- Employees
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Remember to always read the PDS of your specific policy. You may also need to consider taking out directors’ and officers’ liability or management liability insurance.
Does directors’ and officers’ liability insurance cover negligence?
Yes, directors’ and officers’ (D&O) liability insurance does typically cover costs associated with wrongful acts, including negligence. It normally applies to acts committed or allegedly committed by your executives in their capacity as your corporate officers.
D&O insurance often covers:
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- Defence costs associated with wrongful acts (such as legal fees, damages, PR costs, and investigations costs)
- Civil fines and penalties
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