Zal Dmytro Oleksandrovych

Attorney

E-mail

zal@prikhodko.com.ua

Phone numbers

Specializes in protection of honor and dignity, of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

DISPUTES WITH INSURANCE COMPANIES

Let’s imagine that a person has signed an insurance contract with an insurance company in order to protect himself from possible unforeseen consequences that can completely destroy or partially damage one or another property, for example, due to a road accident, flooding of the home, due to fire, other mechanical damage, etc. building …

One of the described cases occurred and a person applied to the insurance company for insurance compensation for the relevant insured event, but received a refusal to pay, or received a payment whose amount was significantly less than expected.

HOW AND WHY DISPUTES WITH INSURANCE COMPANIES ARISE

Disputes with insurance companies can arise for many reasons, starting from the insurer’s reference to non-compliance with the terms of the contract at the time of violation of the procedure for warning about the occurrence of an insured event, ending with attempts to reduce the amount of actual losses provided for in the insurance contract. Along with this, the contract may provide provisions establishing the dependence of the amount of the insurance payment on the insurer’s assessment of the probability of occurrence of the insured event, which in turn depends on the condition and other characteristics of the subject of insurance, for example, the presence of security, fire extinguishing means, location, etc.

Most often, insurance payments are refused in the presence of such circumstances:

full compensation of damages by the person who caused them;
if the policyholder without good reason violated the terms established for notification of the occurrence of an insured event;
if it is established that the insured provided deliberately false information about the subject of the contract or the fact of the occurrence of an insured event;
if it is established that the insured committed intentional actions that led to the insured event.

However, despite the above and in the event of a refusal of insurance payment or a reduction in its size, the insured has the right to apply to the court for the protection of his rights.

PROTECTION OF THE INSURER’S RIGHTS

The protection of the policyholder’s rights is divided into several stages, namely:

Analysis of the circumstances of the case and the relevant legal framework;
Attempt to resolve the dispute through negotiations;
If there are conditions and relevant circumstances, preparation and submission of a claim;
If there is no possibility to resolve the issue at the pre-trial stage, an analysis of court practice should be conducted and the chances of winning in court, in a dispute with the insurer, assessed;
Preparation of a statement of claim and relevant materials for the purpose of going to court;
Trial;
Execution of the court decision in the case of a decision in favor of the insurer.

RESULT:

Therefore, disputes with insurance companies have a certain specificity, and even more so when it comes to a considerable amount of money that must be received, we advise you to use the services of a professional insurance dispute lawyer specializing in this field.

Calculate the cost of services

1 question

Does the insurance company refuse to fully reimburse losses under the contract after the insured event?

Yes

2 question

Has the insurance company significantly overstated the amount of compensation for the insured event?

Yes

3 question

Do you need legal assistance urgently?

Yes

Successful cases on the topic: