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 9098 8646 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

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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 in insurance disputes

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Major Matters

Major Matters

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Get in touch

With us personally, it is just one more way we’re different.

Danielle Snell

CO-FOUNDER AND MANAGING PARTNER

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Robert McGirr

CO-FOUNDER AND PARTNER

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Amy Sheggerud-Woods

SENIOR CONSULTANT

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Latest Policy Holder Dispute News

News

Insurer liable for COVID19 business interruption
Princess Theatre v Ansvar may have significance for other policy holders and insurers bringing COVID19...

News

Has your insurance broker been negligent?
At Elit Lawyers, we fight to ensure that insurance companies pay policy holders what they...

News

Navigating Insurance Policy Disputes: Policy holder Rights in Luxury Home Insurance Claims
As a luxury home and contents insurance policy holder, facing the aftermath of a disaster...

News

Levelling the playing field for insurance policyholders
Our insurance litigation lawyers act for policy holders, not insurers. We can help you understand...

News

Insurance News: COVID-19 Business Interruption Insurance Decision in the HCA
The High Court ‘s decision will now act as a guide to policyholders in determining...

News

Is your Insurance claim being determined correctly and in a timely manner?
ACFA are investigating the high volume of breaches insurers are denying claims and then subsequently...

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"We were forced to issue legal proceedings against the insurer for a number of reasons including disagreement about the amount of money that was required to be paid out under the policy to reinstate our home. I want to express our deepest heartfelt gratitude and appreciation for all Elit did for our family throughout this matter."

Insurance Policy Holder

Home owner

Thank you to Danielle and Mark and the Elit team for all their hard work in acting for myself and my family against a large international insurer following a fire sustained at our home. We were forced to issue legal proceedings against the insurer for a number of reasons including disagreement about the amount of money that was required to be paid out under the policy to reinstate our home. I want to express our deepest heartfelt gratitude and appreciation for all Elit did for our family throughout this matter.
The work of Danielle and Mark was professional, consistent and to the highest standard throughout this process. I was so impressed by each of the team. It wasn’t just their exceptional professional work that left the impression, but more importantly, their interactions as good, decent, kind individuals. Thank you Elit for captaining this litigation ship throughout the tiresome journey! We really appreciate everything you have done for us. I hope and pray that each one of you has a share in some of the comfort you have provided my family in your own lives.

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"Being subject to malicious false statements was very stressful, as I have always conducted myself with professionalism and integrity.  As a result of the action taken by Robert McGirr & Elit Lawyers, the false statements were retracted, I received a formal apology and was paid my legal costs. "

Defamation

Plaintiff

I was engaged to appear on behalf of a resident at an aged care home in a proceeding before the Tasmanian Civil and Administrative Tribunal (TASCAT). A false and defamatory email was sent by a senior executive of the home about my conduct at the hearing to a number of third parties.

The false statements contained in that email were serious and damaging to my reputation, and included amongst other things, an imputation of criminality, which if proven to be true, could have resulted in a term of imprisonment. Being subject to malicious false statements was very stressful, as I have always conducted myself with professionalism and integrity. 

As a result of the action taken by Robert McGirr and Elit Lawyers, the false statements were retracted, I received a formal apology and was paid my legal costs. I could not have achieved this outcome without the assistance of Robert. I felt informed and comforted throughout the process and am very grateful for the early result that was achieved. 

"

"I was devastated when I learnt of a very serious defamatory publication made against me. I was so grateful to Danielle and the legal team who were able to obtain a pseudonym order in my favour so that I was able to advance defamation proceedings with anonymity."

Defamation

Plaintiff

I was devastated when I learnt of a very serious defamatory publication made against me.

I was concerned that bringing a Court proceeding would lead to widespread media reporting which would in turn repeat the allegations made against me and cause even more harm to my reputation because let’s face it – mud sticks.

I was so grateful to Danielle and the legal team who were able to obtain a pseudonym order in my favour so that I was able to advance defamation proceedings against the publishers with anonymity and be comforted that the defamatory content linked to my name would not be further spread.

I felt vindicated at the end of the matter and will always look back on the experience as a difficult one but knowing that issuing the court proceedings was what I had to do in order to achieve redress and restore my reputation.

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"When we were targeted by a vexatious and unfounded online attack, I turned to Robert, Danielle, and Elit for advice. As I am a lawyer myself, Elit’s ability to zone in so quickly on what was best for us really impressed me. "

Defamation

Lawyer and Business Owner

As a lawyer and business owner, I take our professional reputation seriously.

When we were targeted by a vexatious and unfounded online attack, I turned to Robert, Danielle, and Elit for advice. Their calm, clear, and strategic guidance was exactly what we needed. They quickly understood the key issues and provided practical options that prioritised our values and professional standing.

I was impressed with their ability to get across the key issues and provide real life practical advice during this critical time which really centred around us and what was best for our business.

As I am a lawyer myself, Elit’s ability to zone in so quickly on what was best for us really impressed me.

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"My business was sued for defamation. The Eit team were able to pinpoint the weaknesses in the other side’s case and were able to resolve the proceeding on very favourable terms for us."

CEO

Medical Industry

My business was sued for defamation and my insurance company appointed Aggie, Danielle, Robert and the Elit team to act in my defence of the proceeding.

I was astounded by the fact that the Eit team were able to pinpoint the weaknesses in the other side’s case and after bringing an interlocutory application on my behalf, they were able to resolve the proceeding on very favourable terms for us.

I felt informed and comforted throughout the process and am very grateful for the early result that was achieved.

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"I felt comforted and informed throughout the legal process and was happy with the early resolution of the case which achieved my ultimate objectives."

Director

ASX Listed Company

Danielle and team acted on behalf of myself and my fellow directors of an ASX listed company in the Supreme Court of Western Australia involving repeated attacks and defamatory content being posted about us on a forum website. The third party website operator was also joined to the proceeding.

Given the personal attacks made against me and my fellow directors, it was a difficult situation over an extended period and I felt comforted and informed throughout the legal process and was happy with the early resolution of the case which achieved my ultimate objectives to have the content removed and undertakings that no future defamatory content would be published by the person involved.

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