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March 17, 2020

Public Liability Claims and the Civil Liability Act

Insurance Claims

There are a wide range of disputes that can arise in the realm of insurance law due to the vast number of different insurance products available to both businesses and consumers.

In insurance law, the “insured” is the person or business that the policy is written to protect and is usually the person or business who has purchased the policy.

There are policies that provide cover to the insured for losses or damage that they suffer because of injury or damage suffered to themselves or their own property. There are also policies that cover the insured for liability that the insured incurs to a third party. There are also hybrid policies that provide both of these types of cover.

There are “occurrence based” policies which afford cover only when the insured event occurs during the period of the policy and there are “claims made” policies which may only provide cover if a claim is made against the insured during the policy period, unless the claim arises from facts or circumstances notified to the insurer during the period of the policy

If you are sued in a legal action in which damages or compensation is claimed from you in relation to personal injury, property damage or financial losses allegedly suffered by a third party and your insurers refuse to provide cover to you or decline to appoint lawyers to act for you to defend the legal proceedings, D.G. Price & Co. can help. We can conduct the defence of the action for the insured and provide advice on pursuing recovery against the insurer.

If your insurer agrees to cover your liability to a third party in a court action but cannot conduct your defence in the legal proceedings due to a conflict of interest, D.G. Price & Co. can fill the void.

If you hold professional indemnity insurance and are concerned that you may potentially have made a mistake that could potentially result in an allegation of professional negligence, D.G. Price & Co. can provide advice on whether you need to send to your insurers a notification of facts or circumstances that might give rise to a claim in the future. We can also help with preparing the notification.

If your insurer wants to obtain a statement from you before making a decision on your claim and wants you to meet with their investigators for you to give an audio recorded interview or provide a signed written statement of evidence, D.G. Price & Co. can provide advice and assist you with the process so as to avoid you being unprepared or ambushed at an interview.

If you are unsure if there is an insurance policy that affords cover to you or your business for an alleged liability, D.G. Price & Co. can review your insurances for you and advise you about any possible areas of coverage.

If you’re an uninsured employer facing a workers compensation claim, D.G. Price & Co. can assist you in issuing any prescribed statutory notices and can also provide representation for you in any conciliation or arbitration proceedings brought out of WorkCover WA.

If your insurer refuses to pay policy benefits or provide policy coverage, D.G. Price & Co. can review the insurer’s declinature of your claim and advise you about your prospects of successfully challenging the decision to decline your claim.

D.G. Price & Co. take instructions in relation to insurance disputes relating to a wide variety of insurance policy claims including:

  • Workers compensation insurance;
  • Public liability insurance;
  • Products liability insurance;
  • Professional indemnity insurance;
  • Trauma insurance;
  • Life insurance;
  • Travel insurance; and
  • Motor vehicle insurance.

If you want advice on how to proceed contact D.G. Price & Co.