Commercial and construction insurance disputes

It depends on the policy wording, especially the insuring clause, the exclusions and when the policy requires a claim or circumstance to be notified. Public liability and professional indemnity policies are often disputed on exclusions, such as those for defective workmanship or contractual liability. Notify your insurer promptly, and get advice before you accept or deny responsibility to the claimant.

Ask for the insurer’s reasons in writing and a full copy of the policy, including any endorsements. We review the declinature against the wording and the facts, and advise whether it can be challenged. Commercial coverage disputes are usually resolved by negotiation with the insurer or, if needed, in court.

Often, yes. Whether a builder, developer, architect or engineer has liability or professional indemnity insurance that will respond can decide whether a claim is worth pursuing, especially if the business is in financial difficulty. We consider insurance early when advising on who to claim against.

Building policies commonly exclude defective workmanship, design and gradual deterioration, so cover for defects is often limited, but sudden resulting damage may be covered. We act for owners and bodies corporate who have had to issue proceedings against insurers over leaky building claims.

No. Our insurance work is commercial, mainly arising from construction and building disputes. We do not act on personal claims such as house contents, motor vehicle, travel, health or income protection insurance.