Insurance & Business Interruption Claims FAQs

An insurance or policy coverage dispute arises where there is disagreement about whether a policy responds, what it covers, how it should be interpreted or what losses are recoverable under it. 

Common issues include disputes about policy wording, scope of cover, notification, exclusions, aggregation, limits of indemnity, non-disclosure, misrepresentation and the proper measure of loss. 

Yes. We advise on insurance disputes for insurers and policyholders, as well as on matters where brokers or other intermediaries are involved in the dispute, including in professional negligence claims.  

Yes. We advise on business interruption disputes under commercial insurance policies, including issues relating to scope of cover, policy wording, indemnity periods and recoverable loss. 

Yes. We advise on insurance disputes arising in property and construction contexts, including issues connected with developments, building works, damage, defects, remediation and associated losses.

Yes. We advise on structural warranty, latent defects and related insurance disputes, including questions about the scope of cover and claims arising from alleged defects and associated losses.

Yes. Insurance disputes don’t always arise solely between insurer and policyholder. They may also concern brokers or other intermediaries, including questions about advice, placement, disclosure and the adequacy of cover. 

Not necessarily. Early advice can be valuable where there is uncertainty about cover, policy construction, notification obligations or claim strategy. 

Often, yes. Many disputes can be resolved through negotiation, mediation or other forms of alternative dispute resolution. Where that isn’t possible, Court proceedings or arbitration may be necessary. 

Insurance disputes often turn on policy wording, notices, supporting documents and how the claim or defence is framed. Taking advice early can help to protect your position and avoid unnecessary complications later. 

It’s usually helpful to have the policy wording and key correspondence or documents relating to the claim or dispute, including communications with insurers or brokers.

Funding may be available for some insurance disputes, depending on the nature of the matter and the wider costs and risk position. Where relevant, we can advise on the funding options that may be available and how these may affect overall strategy.