Here is a selection of recent cases which have been concluded by My Insurer Won’t Pay panel Solicitors. We are leading the way with considerable success!
The Claimant was the owner of a garden centre and unfortunately the building was damaged via a serious fire. The Claimant held a Combined Commercial Insurance Policy and was insured for buildings, trade contents, business interruption as well as liability cover. The Claimant made several attempts to make a claim for damages and loss to the business however the claim was rejected.
The claim was rejected on the grounds of the Claimant failing to ensure that fixed electrical installations were tested by an NICEIC or ECA registered contractor at least once in every 3 year period and failing to provide an IEE test certificate showing no deviations.
The Claimant instructed a My Insurer Won’t Pay Panel Solicitor to act on their behalf and following series of technical/legal arguments the policy of insurance was reinstated and indemnity was granted.
The Claimant recovered a total £300,000.00 in damages in addition the insurance company had to pay legal cost fees of £125,000.00.
The Claimant was the owner of a motor vehicle which was stolen outside his home address. The Claimant held a valid policy of motor insurance and sought to make a claim on the policy for vehicle which was valued at £11,000.00.
The claim was rejected by the insurance company on the grounds they were not satisfied that the vehicle had been stolen in the manner reported to them. The insurance company instructed a forensic engineer to examine the key provided by the Claimant and stated the key provided did not relate to the stolen vehicle. The insurance company remained suspicious and also noted the policy of insurance was only incepted 4 days prior to the car being stolen.
The Claimant instructed a My Insurer Won’t Pay Panel Solicitor to act on their behalf and it was discovered the insurance company’s investigator had mixed up the keys when dealing with another reported claim. Court Proceedings were issued on behalf of the Claimant who prepared a signed witness statement confirming the version of events were true.
The insurance company eventually agreed to indemnify the claim and the Claimant received £11,000.00 for the value of his vehicle, £8,400.00 for loss of use of his vehicle and interest in the sum of £2,586.66. In addition the insurance company had to pay legal cost fees of £5,240.72.
The Claimant was the owner of a commercial property and held commercial insurance which included legal expenses cover up to the value of £50,000.00. A neighbouring business of the Claimant undertook building work to their property and unfortunately caused damage to the Claimant’s property. The Claimant sought to bring court proceedings against the neighbouring business and prior to doing so made a claim for legal expenses assistance under the policy of commercial insurance.
The insurance company correctly referred the Claimant to their in-house legal team who were of the opinion that the claim enjoyed high prospects of success however refused to indemnify the legal claim against the neighbouring business on the basis of Clause 5 under ‘General Exclusions’ of the policy which excluded indemnity for ‘legal proceedings where a reasonable estimate of your total legal expenses is greater than the amount in dispute’.
The legal expenses insurance claim was rejected.
The Claimant instructed a My Insurer Won’t Pay Panel Solicitor to act on their behalf and seek compensation. The Claimant’s position was the insurance company could not rely on the exclusion clause due to the Unfair Terms in Consumer Contracts Regulations 1999 (UTCC). UTCC 5(1) stated ‘a contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.’ The exclusion clause was unfair and should immediately cease to form part of the policy.
Following the issue of court proceedings the insurance company failed to defend the claim and the Claimant was awarded £20,000.00 in compensation. In addition the insurance company agreed to pay £25,000.00 in legal costs.
The Claimant was driving his vehicle on the M6 when he unfortunately collided with the vehicle in front. The Claimant attempted to make a claim against his insurance company to recover the cost of repairs to his own vehicle. The insurance company instructed an engineer to assess the Claimant’s vehicle and found the Claimant had 3 tyres below the legal limit for tyre tread depth of 1.6 millimetres. The insurance claim was rejected on the basis the car was not roadworthy at the time of collision.
The Claimant instructed a My Insurer Won’t Pay Panel Solicitor to act on their behalf. An engineer was instructed on behalf of the Claimant who found that even if 3 tyres had been above the legal limit for tyre tread the collision would still have occurred in any event. On this basis the insurance company reinstated the policy and indemnity was granted.
The Claimant recovered a total £12,500.00 in damages. In addition the insurance company had to pay legal cost fees of £6,000.00.
The Claimant owned a Public House and Restaurant and unfortunately the building was severely damaged via a fire. The Claimant held a Commercial Insurance policy and was insured for damage, repairs, stock, fixtures and business interruption. The Claimant attempted to make a claim for damages and loss to the business however the claim was repudiated on the grounds of failing to disclose certain material information at the inception of the policy that would have affected the acceptance of insurance policy.
The contract of insurance was null and void on the basis the Claimant had failed to disclose a County Court Judgment (CCJs) against his partner on the Statement of Fact contained within the application for insurance. The insurer stated the underwriters would have declined the policy at the outset as all CCJs have a bearing on the underwriters perception of risk.
The Claimant instructed a My Insurer Won’t Pay Panel Solicitor to act on their behalf and the policy was eventually reinstated and indemnity granted.
The Claimant recovered a total £54,000.00 in damages. In addition the insurance company had to pay legal cost fees of £50,000.00.
The Claimant’s house was flooded by a neighbouring property development. The Claimant was insured for building and contents with their insurance company who sought assistance and compensation under the terms and conditions of the policy of insurance. The insurance company refused to deal with the claim for substantial damages to the property and concentrated their efforts against the property developers and failed to provide the Claimant with any assistance. The insurance company failed to meet their obligations under the policy.
The Claimant instructed a My Insurer Won’t Pay Panel Solicitor to deal with the above claim on the basis the insurance company has mishandled and mismanaged the claim. A full review of the claim was undertaken and in addition to the property damage it was discovered the Claimant had developed severe chest infections due to living in damp conditions. An insurer must handle claims promptly and fairly, on this occasion the insurance company had failed in their duty to the policyholder.
The Claimant recovered a total £450,000.00 in damages. In addition the insurance company had to pay legal cost fees of £80,000.00.
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