Insurance Law

For over 40 years we have advised both individuals and insurance companies & underwriters on liability and coverage under various type insurance policies. In this time we have amassed a vast knowledge base of the type of issues that arise in such claims.

Four our individual private clients, we are acutely aware that they only turn to their insurance policies in times of crises. A declination in cover or delay in having the policy activated could spell disaster, particularly in the modern Covid era where a large number of businesses are being turned down for business interruption insurance. Clarke Jeffers are here to help.  We specialise in both the legal interpretation of policies and can provide fast clear advice to the client on the options available.  We always aim for the fastest economic solution for the client but equally have both the strategic and tactical experience should litigation be required.

Should you feel that you or your business has been unfairly declined cover then it is worth having the reason for that declination examined.

Clarke Jeffers also provide expert advice on all other types of insurance cover such as professional indemnity, health insurance cover, public & employers liability and Employer Liability claims.

We have also advised insurers for upwards of 40 years. We advise on all aspects of liability, risk assessment and defence.

Our Firm also combines its expertise in Defence litigation to provide the strongest service to clients who may have been declined cover and are facing the prospect of litigation while being uninsured.

“You cannot be in business without taking risks. That is why we buy insurance. But when something you bought (usually at quite an expense) is denied, then it is time to get expert help.”

-Victor Clarke, Managing Partner.

We advise clients in the following areas:

  • Interpretation of policies

  • Advice on specific clauses within policies

  • Advising on indemnity issues

  • Advising on declination of cover

  • Insurance disputes

  • Arbitration / Litigation support

  • Advising insurers on Indemnity

  • Advice on Business interruption cover

  • Professional Indemnity claims / Defence

  • Advice on Public & Employers liability

  • Advice on Directors and Officers policies

  • Commercial & Residential property damage claims

  • Self Insurance

FAQs

View our frequently asked questions.

The first thing that you should do is speak to your broker. The broker should be able to inform you whether the policy provides you with the required cover or not. The broker could also be in a position to make an approach or representations to your insurers regarding cover. If the broker is unsuccessful then you should seek immediate legal advice.

This is unfortunately very common. In some circumstances it is warranted but in a large amount of circumstances it is a very unfair declination of something which should be covered. Careful attention will need to be paid to the wording of your policy document and the types of business interruption that is envisaged therein. Ideally a professional interpretation of the policy should be sought as quickly as possible to make a determination on whether you have a valid claim against your insurance company.

At a minimum you will need your policy schedule and the full policy document. If possible you should also gather together any correspondence that you have received from your insurers.

Most insurance policies have strict time limits for the instigation of disputes. If you receive a declination of cover that you are unsatisfied with it then it is important that you act immediately and obtain the appropriate advice so that if you decide to progress with a claim, you will not be out of time to do so. The relevant time limits should be set out in the policy documentation.

The policy documentation will deal with notifications. It is hugely important however that you understand the difference between an event happening and an event that is likely to give rise to a claim. The latter means that you must notify your insurance company of anything that could give rise to a claim in the future even if no formal claim has been notified yet. The best advice we can give a client is to notify any such event to your insurers when it happens and not wait for a formal legal letter to come in the future.  The reality is that most insurance policies have this requirement in any event.

The first thing you should do is contact your broker. They sold you the policy so they should be able to advise on whether your claim is valid or not. If at any stage you are concerned about your legal position or concerned that your claim has been unfairly turned down then you should immediately seek legal advice.

The simple answer is yes but it is never advised. If your business cannot obtain insurance and you plan on trading, then you should consider whether or not you can limit your potential exposure through waiver or indemnity documents. Experienced legal advice should be sought before ever considering a self-insured route. A hybrid form of self-insurance can be achieved by agreeing a relatively high premium.

OUR KEY STAFF

Learn more about our key staff in this area.

William Clarke | Commercial Solicitors Dublin

Victor Clarke

Victor Clarke
Breda Storey | Commercial Solicitors Dublin

Breda Storey

Breda Storey
Victor Clarke | Commercial Solicitors Dublin

Victoria Clarke

Victroria Clarke

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