Claims against Insurers

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Insurance disputes are our core practice. We are well known in the insurance industry, having acted for decades for and against most of the large insurers. We act in matters involving denied claims, disputed indemnity amounts, allegations of non-disclosure or misrepresentation, late-notification arguments and disagreements about policy limits or exclusions. Some disputes involve regulatory issues, international insurers or cross-border issues, and we handle these routinely. Our clients include businesses in the property, construction, retail, professional services, technology and manufacturing fields, as well as homeowners or other consumers who have had cover denied. We act against:

Health Insurers
Life Insurers
Motor Insurers
Home Insurers
D&O Insurers
Property Insurers
General Liability Insurers

Our Services & What We Provide

Policy Review and Pre-Notification Advice

We can offer advice before and during a notification process, allowing clients to have a clear understanding of their entitlements and how to best ensure cover. We review the loss event and policy wording and explain, in plain terms, what is covered, what is excluded and how the insurer is likely to interpret those provisions. We will help identify what evidence strengthens the claim.

Coverage Disputes and Claims for Indemnity

Disputes arise when an insurer refuses to pay or reduces the amount payable. We analyse the insurer’s reasons for refusal and explain whether those reasons stand up legally and commercially. In cases of alleged non-disclosure and misrepresentation, we address accusations that the policyholder did not provide full or accurate information, explaining what the insurer must prove and what evidence helps counter the allegation.

Enforcement and Litigation

If required, we take the steps needed to protect our client’s position and pursue the claim formally.

High Court Representation: We prepare and present claims in the High Court (or Circuit Court for smaller claims).
Commercial Court Proceedings: For larger or more complex disputes, we pursue actions in the Commercial Court.
Arbitration Or Other ADR: If the policy requires arbitration or mediation, we guide clients through those processes.

Why Choose Good & Murray Smith LLP for Claims Against Insurers?

Depth in Commercial Litigation and Insurance Disputes

We have acted in commercial disputes for decades, particularly those involving late notification, ambiguous exclusion clauses or non disclosure issues. This experience matters because insurance is a niche area of law which requires an understanding of industry practice, policy drafting and notification rules.

Understanding How Insurers Operate

We regularly deal with Irish and international insurers. We know how different insurers assess claims, why they reject or reduce them and what evidence influences their decisions. When policy wording is complex or open to interpretation, we explain the consequences of that for cover.

Balancing Legal and Commercial Considerations

A dispute with an insurer is not just a legal issue. It is also a business decision about cost, timing and risk. We help clients weigh those factors so they can decide on the most realistic and commercially sensible path.

Frequently Asked Questions About Insurance Disputes

1. What does it mean when an insurer “declines cover”?

It means the insurer has decided they will not pay the claim. This often happens because they say the loss is excluded, the policyholder notified them too late, or important information was withheld when the policy was taken out.

2. Can I challenge an insurer’s decision if I believe they are wrong?

Yes. An insurer’s decision is not final. You can question their interpretation of the policy, the facts of the claim or the reasons they rely on to avoid payment. This can be done through correspondence, negotiation, mediation, or court/arbitration proceedings.

3. What documents need to be reviewed for an insurance dispute?

The most useful documents include the full policy (including schedule), any emails or letters with the insurer or broker, and any documents evidencing the loss.

4. What is “non-disclosure” in an insurance context?

Non-disclosure occurs when a policyholder did not give full or accurate information when taking out the policy. For example, failing to mention a previous claim or a material business risk.

5. What happens if the insurer says I notified them too late?

Many policies require prompt notification of a loss or event. Insurers sometimes argue that a delay invalidates the claim. Different rules apply to businesses and consumers. A careful examination is needed of when the issue was first known and by whom, when the insurer was contacted and whether the delay actually affected its ability to assess the loss.

6. Do insurance disputes always end up in court?

No. Many are resolved through negotiation or mediation. Some policies require arbitration, which is a private process where an independent arbitrator decides the dispute.

7. How long do insurance disputes typically take?

It depends on the complexity of the policy and how the insurer responds. Some disputes resolve quickly after a detailed review and written challenge. Others take longer if expert evidence is required or if the dispute proceeds to arbitration or court.

Get in touch

If you are facing an issue with an insurer, get in touch with us. We can review the policy and outline practical options open to you. You can contact us directly to arrange a confidential discussion: