Has an insurer declined your claim?
A recent Court of Appeal decision in the case of Zurich Insurance Plc v Maccaferri Ltd has clarified an issue and potentially closed a loophole which insurance companies may have been using to avoid otherwise valid claims.
When should insurance claims be notified?
Most policies of insurance include a requirement that the insured should notify the insurer “as soon as possible after the occurrence of any event”, so that the claim can be progressed. In this case, the insured was not aware of the event and so did not notify the claim to the insurance company immediately. The insurance company tried to use the delay in notification as a reason for not covering the insured.
However, the Court found that this should not be allowed. There is no duty imposed upon the insured to investigate whether or not a claim has arisen, and therefore in this case it was found that the insured had reported the event to the insurance company as soon as it could.
How does this decision affect my insurance claim?
This case is important for people making claims to insurance companies, when those claims may have arisen awhile ago, but the insured has only just become aware of them.
At Samuels Solicitors we have a great deal of experience of dealing with claims against insurers who fail to accept claims under the terms of insurance policies. This recent decision will mean that more of those claims against insurance companies could be successful.
If you have made a claim to an insurer which has been turned down, and you want to challenge the insurer’s decision, contact us today for a free assessment of your matter.