Insurance Policy Holder Disputes
Your unwavering advocate in insurance policy holder disputes.
Leveraging over 60 years of insurance law experience, Elit Lawyers brings unparalleled expertise to level the playing field between you and the insurance companies.
Our mission is to ensure that you, as a policy holder, receive the payout you are contractually entitled to.
Why Choose Us
Our deep understanding of the insurance industry, honed from decades of representing major Australian and international insurers, empowers us to fight vigorously for your rights under your insurance policy.
Unlike many firms tied to insurers, we operate without conflicts of interest, allowing us to fully dedicate ourselves to your dispute as the policy holder.
Our policy holder dispute team, led by industry veteran Robert McGirr and award-winning litigator Danielle Snell, excels in challenging insurance decisions across all Australian jurisdictions, including the Supreme Court of Victoria, Federal Court of Australia, and High Court of Australia.
We specialise in delivering top-tier legal strategies, without the big firm costs, to secure the insurance recovery you deserve.
Our Service Lines
We handle both litigated and non-litigated claims across a comprehensive range of insurance services:
- Business Interruption Insurance
- Property and Product Insurance
- Public Liability
- Directors & Officers Insurance
- Professional Liability Insurance
- Cyber Insurance
- Builders Warranty Insurance
- Life Insurance
Our Commitment
Our client-centred approach ensures you are an integral part of the journey towards resolving your disputes. We are committed to levelling the playing field for policy holders, ensuring fair treatment and optimal outcomes.
COVID-19 and Business Interruption
The COVID-19 pandemic has significantly impacted businesses, leading to numerous business interruption insurance claims. However, many of these policy holders have faced challenges in securing coverage for losses related to the pandemic.
Elit Lawyers is at the forefront of representing businesses in COVID-19 related claims, recently settling a landmark case in the Supreme Court of Victoria.
The Princess Theatre Decision
The Elit Lawyers policy holder disputes team recently represented the Marriner Group in Princess Theatre Pty Ltd & Ors v Ansvar Insurance Limited [2024] VSC 363.
In this case, entities within the Marriner Group sought indemnity from Ansvar Insurance Limited for business interruption losses arising from the closures of the Princess Theatre, Regent Theatre, Comedy Theatre, Forum Theatre, and Plaza Ballroom during the COVID-19 pandemic.
We successfully represented the theatres in their business interruption claim, setting a precedent for how COVID-19 related claims may be handled in the industry. This decision provides a critical reference point for other businesses seeking coverage for pandemic-related losses.
The case holds significant implications for policy holders and insurers dealing with business interruption claims. It demonstrates the importance of thorough legal representation and strategic litigation to achieve fair outcomes for policy holders in unprecedented circumstances.
You can read more about the case here.
Conflict Referral Program
Many of our policy holder clients are referred from our extensive legal network, including lawyers and other legal professionals who cannot act due to ongoing representation of insurance companies.
Our Conflict Referral Program provides a trusted solution for these professionals, ensuring their clients receive expert management of their policy disputes while maintaining the originating client relationship.
High Success Rate
We pride ourselves on a high success rate in settling cases before trial. Our team navigates the expectations of various stakeholders to strategise and negotiate smart commercial outcomes.
Contact Us
Have a dispute with your insurer or need assistance with policy interpretation? Reach out to our experienced policy holder dispute legal team.
Contact Danielle Snell or Robert McGirr at Elit Lawyers on 03 9100 1850 for expert advice and representation.
Expertise
Insurance Policy Coverage Advice: Guidance at inception, renewal, or claims stage.
Strategic Advice for Maximum Recovery: Tailored strategies to maximise your insurance recovery.
Corporate Transaction Insurance Advice: Manage risk transfer and warranty insurance during mergers and acquisitions.
Insurance Contracts Advice: Expertise in reviewing and advising on insurance contracts.
Claims Submission Preparation: Assistance with preparing and submitting insurance claims.
Incident Response: Support in responding to incidents and events.
Challenging Insurer Decisions: Representation in challenging insurers declinatures of indemnity.
Enforcing Deeds of Indemnity: Ensuring your rights under indemnity deeds are upheld.
Complaints Against Insurers: Issuing internal and external complaints, including to the Australian Financial Complaints Authority.
Mediation and Arbitration Representation: Advocacy and representation in mediation and arbitration processes.
Expertise
Major Matters
Supreme Court win for business interruption losses
Representing several of Melbourne’s iconic heritage theatres in Supreme Court of Victoria proceedings against a major insurer seeking COVID-19 related business interruption losses in excess of $20million.
Supreme Court challenge of aircraft declinature by insurers
Acted for policy holder (high value aircraft owner) in Supreme Court of Victoria proceedings issued in the Insurance List against three major co-insurers regarding total declinature of claim following total loss of aircraft. The proceeding resolved at mediation and involved a substantial payout by insurers which was a significant shift from insurers original positions.
Supreme Court insurance case against large insurer
Acted in Supreme Court Proceedings for homeowners against large insurer concerning deluxe home and contents insurance coverage after fire event occurred causing over $4m in damage. This dispute centred around quantum and the fair and accurate amount to be paid out under the policy and also involved allegations against insurer of breaches of utmost duty of good faith and negligence. The case was listed for 11 day trial and ultimately settled 5 weeks prior to trial at a further mediation held by the parties
Declinature of indemnity
Acting on behalf of a major transport company that was denied indemnity by their insurer including challenging the declinature of indemnity and acting on behalf of the uninsured company in two County Court of Victoria proceedings.
Foreign entity insurance policy arrangement
Providing advice to a foreign investment bank in relation to its insurance policy arrangements in Australia and claims for indemnity against an Australian insurer.
Professional Indemnity Insurance
Major Matters
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