Is your Insurance claim being determined correctly and in a timely manner?

The Australian Financial Complaints Authority (AFCA) are taking a particular focus this year on looking into the claims handling process as there has been a high number of breaches where insurers are denying claims and then subsequently approving them.

It appears that there are systemic issues of transparency and timeliness with some insurers when handling your claims. According to AFCA, there have been an increased volume of claims where insurers are initially denying indemnity to their insureds, and when reviewed or a complaint lodged, the decision are overturned, with the insurer confirming indemnity.

But where does this leave the insured?

It is important when you receive a decision from your insurer, particularly if it is a denial or only partial acceptance of your claim, that you review your policy wording and possibly seek legal assistance, if you believe the insurer may have got it wrong. AFCA are seeing a high volume of complaints lodged where insurers are reversing their incorrect decisions denying indemnity.

AFCA are investigating these issues and will be looking at the claims handling process in the general insurance area.

The other issue of concern that is evident is significant delays by insurers to make a determination on a claim when lodged. In this regard, there is a General Insurance Code of Practice (Code) that was updated on 5 October 2021. The Code sets the standard that general insurers must meet when providing services to their customers, such as being open, fair and honest. It also sets timeframes for insurers to respond to claims, complaints and requests for information from customers.

Insurers that are a party to the Code enter voluntarily and it is intended to be a positive motivator across the general insurance space for claims to be handled fairly and promptly. However, in recent times, significant delays in the claims handling process and provision of a determination have been seen in the general insurance area.

In this regard, AFCA are also looking into improvements regarding the complaints before it that remain unresolved for a period of more than 12 months. They will work with insurers and other relevant stakeholders regarding improving the claims handling process.

Elit Lawyers by McGirr & Snell has specialised experience in dealing with insurance claims, lack of providing determinations in a timely manner and/or incorrect denial of indemnity disputes. For more information, please contact Danielle Snell and Robert McGirr of Elit Lawyers on (03) 9098 8646.

 

Share
Email
Print

Get in touch

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

Danielle Snell

CO-FOUNDER AND MANAGING PARTNER

.

Robert McGirr

CO-FOUNDER AND PARTNER

.

"

"The best of the best plaintiff lawyers against insurance companies. We had a very tough and complex case and Danielle and her team settled with the insurance company for an optimal outcome."

Insurance Policy Holder

Home owner

The best of the best plaintiff lawyers team against insurance companies.

We had a very tough and complex case against insurance company that we lost our home and contents.  After disappointing and frustrating process from another law firm and firing them we found Danielle Snell and her team.

They are very dedicated, knowledgeable, passionate and possess great communication skills.  We couldn’t ask for more and settled with a optimal outcome.

"

"It’s great to be able to confidently refer clients to someone who can help and support them, and to feel that they are receiving the best service."

Senior Adviser

Financial Planner

We are so glad to have you in our referral channel.

It’s great to be able to confidently refer clients to someone who can help and support them, and to feel that they are receiving the best service.

"

"This was a “David v Goliath” fight as our dispute was with a large global corporation. The attention, compassion and guidance that Danielle and the team showed us was absolutely incredible."

CEO & Founder

National mental-health support organisation

We recently instructed Danielle from Elit Lawyers by McGirr & Snell to help with a legal dispute. As a small purpose led business, this was a “David v Goliath” fight as our dispute was with a large global corporation. This dispute was during a very emotional time as we were in the middle of a global pandemic, Melbourne’s sixth lockdown, homeschooling and no childcare – all while trying to keep our small business alive.

The attention, compassion and guidance that Danielle and the team showed us was absolutely incredible. I have 10 years legal experience myself and even with that, I was reluctant to litigate, especially during such a difficult time. However Danielle always gave us confidence in knowing that she was in our corner and always working for our best interests, so my reluctance was quickly appeased.

Today I am pleased to share that David defeated Goliath and we could not be more thrilled with the result we received thanks to Danielle and the team from Elit Lawyers. Danielle not only saved our company, but ensured that we could continue doing the good work we were previously and helping improve the lives and mental health of mothers across Australia.

I could not recommend Danielle and the team from Elit Lawyers more highly. I am *hoping* that I will never need their services again, but feel very reassured knowing they are there and always in my corner.

Thank you Danielle and team.

"

"Elit negotiated a settlement which saw all proceedings against my company dismissed, with no order as to costs."

Owner and Managing Director

Major Transport Company

I was recently introduced to Elit Lawyers by McGirr & Snell by my former lawyers after they were required to cease acting for me due to a conflict of interest. The stakes were high as my company was exposed to multiple court proceedings. Elit Lawyers by McGirr & Snell impressed me so much. They went that extra mile and were able to negotiate a settlement which saw all proceedings against my company dismissed, with no order as to costs. I can’t thank Elit enough.

"

"Danielle is a well-known and respected lawyer who knows how to handle difficult and intensive litigation."

Queens Counsel, Devers List

Victorian Bar

Danielle Snell is a very intelligent and impressive lawyer whom I have worked with in my role as senior counsel on various litigation matters.  She is a well-known and respected lawyer who knows how to handle difficult and intensive litigation.  Danielle combines a deep knowledge of the law across many practice areas with a practical approach to litigation, and is authentic and charismatic in her dealings with others.

"

"Danielle and Robert demonstrate outstanding expertise and approach all matters methodically with a clear and practical focus..."

Chief Operations Officer

Peak industry body for fire protection

As Chief Operating Officer it is extremely important to work with lawyers who are easily accessible, honest and trustworthy.  We have briefed Elit Lawyers by McGirr and Snell across various legal disciplines and now use them as our “go to” solicitors.  Danielle and Robert demonstrate outstanding expertise and approach all matters methodically with a clear and practical focus on achieving the best possible result.

Previous
Next

Can't find what you're looking for?