INSURANCE COVERAGE ADVICE & DISPUTES

Having advised the insurance industry and insured entities on policy coverage throughout his career, Ian has a thorough knowledge and experience on the key insurance policies that govern the daily business requirements in various sectors. Ian gained invaluable on the ground exposure in this area whilst working for a global insurance brokerage. Ian obtained the opportunity to grow his insurance expertise by working in such an environment.  Ian can relate to all relevant interests in the insurance chain and can provide clear, pragmatic and commercial advice that is easily understandable.

In the event of disputes in relation to coverage and/or the appropriate policy response, Ian works with the relevant parties with a view to embracing commercial dispute resolution mechanisms where appropriate. Ian is very aware that such a process must be speedy in circumstances where insured companies may be left in an extremely vulnerable situation without the confirmation of cover. Ian provides clients with a clearly defined process and timetable towards resolution.

Ian Crotty Solicitors advise on the following type coverage issues or disputes that may arise :-

  • Late Notification (in particular on “claims made” professional liability policies) ;
  • Pre-Policy inception requirements ;
  • Preparing the presentation of an insured claim to insurers ;
  • Claims handling on coverage where required ;
  • Aggregation considerations ;
  • Reservation of Rights’ investigations ;
  • Policy Wording & Applicability of exclusions and/or Special Conditions ;
  • Insurance industry audits & reviews with claims teams ;

Insurance stakeholders and businesses may benefit from the following type of advice :-

  • Analysis of the strengths and weaknesses of insured’s and insurers’ positions – providing objective views on very technical aspects of coverage, “grey areas” and policy interpretation, so that the insured can make any required tactical decisions on pursuing certain elements of the claim, identifying “quick wins” to release interim payments even where the full coverage position is not resolved;
  • Technical advice – identification of any potential challenges to coverage and advising the insured on how best to respond to insurers’ points and assist with the development of counter-arguments;
  • Expertise in drafting, presenting and negotiating all aspects of coverage claims – including drafting “submissions” and coverage arguments, to the extent requested;
  • Detailed review of background contractual documentation and advising the insured on the presentation of a claim to insurers with reference to different areas of cover;
  • Assessing large amounts of information and documentation to advocate on coverage and insurance/commercial strategy (for example assessing policy exclusions in relation to Contractual Exclusions, Product Liability v Professional Indemnity considerations, Products & Building Exclusions, Warranty Claims ;
  • Working with key account managers to demonstrate a clear understanding of the insured’s business and internal commercial factors that require managing in the background of a claim;
  • Strategic advice on resolving claims in the shortest time possible – including advising, if appropriate, on the benefits of a commercial deal with insurers and an Insured and overall litigation strategy
  • Litigation or alternative dispute resolution on coverage disputes where necessary.