When something does go wrong or it looks legal, you will need, fast, professional advice to protect your legal and equitable interests.
This could be prior to reporting the matter to your insurer. Finding the right firm for the job requires industry knowledge. Knowing who can help best, their skills sets and importantly their costs, because timing is crucial and inevitably costs will apply, insured or not.
Don’t put yourself at risk of your claim being denied through inaccurate statements, misrepresentation and or wrong advice from the insurer’s panel law firm.
Understand some key issues.
- Insurers first determine if you are entitled to be protected and only then, whether they will indemnify you;
- Insurers make commercial decisions which may not be in your best interests. For example, settling claims for significantly reduced sums because you must contribute;
- Insurers and their lawyers can abandon an action and leave you with the hot potato.
- Lawyers acting for insurers are contractually bound to both you and the insurer which can present conflict of interest;
- Lawyers acting for insurers can take instructions from you and insurers, which can present a conflict in interest;
- Insurer actions may not include the recovery of your deductibles;
- Insurers are not concerned with brand image or upsetting your number one customer;
- Insurers may capitulate because in their view it’s not economical to proceed;
- Insurers may load renewal premiums consequent to failed actions;
- Having an insurance policy is not guarantee of payment; and
- Settlement under many policies place the insured at risk for failed restoration work because insured must sign the reconstruction contracts.
With relationships with some of the largest law firms to those who are more sharply focused, we can help identify the risks, create a structured approach between the parties and ensure that you are aligned correctly and at economical hourly rates to best protect your interests.
We can help you avoid traps that can happen with insurer lawyers so that the likelihood of the best possible outcome for a bad situation is maximised from the very beginning. More importantly while you must co-operate with your insurer’s directions, we can reduce the likelihood of you compromising your position, particularly if your insurer subsequently declines you claim for protection. Don’t let uncontrolled information be your death insurance warrant.
Mark Sheller (the principal of Sheller, Insurance and Commercial Law) a key midmarket legal practitioner has acted for insured and insurers in a wide variety of liability, indemnity, and commercial disputes over 30 years and is well accredited. Sheller, Insurance and Commercial Law is independent of insurer panels. Capable of providing high level advice but at mid-tier rates, Sheller is your go to for this space.
Some key areas where Sheller, Insurance and Commercial Law can assist are:
- General insurance claim disputes;
- Business interruption claims resolution;
- Contract disputes, both seeking to enforce and set aside contracts;
- Defamation, for plaintiffs and defendants;
- Insolvency and debt recovery, for creditors and debtors;
- Professional negligence;
- Directors’ duties and corporate governance disputes;
- Disputes involving competing property interests;
- Banking and finance issues;
- Enforcement and avoidance of guarantees, including claims for unconscionable conduct and claims under the Contracts Review Act; and
- Administrative law, including challenging government decisions on the grounds of lack of procedural fairness.
Integrated with compliance and insurance advice, these legal capabilities add to our holistic risk focus, so that our advice can be balanced in all areas of impact.
The right risk management strategy involves a combination of tools such as insurance, monitoring tools (such as Risk Mitigaters software), policies, procedures, external advice, and contractual terms.
Risk Mitigaters has over 52 years insurance experience and 40 years expertise in expert evidence for litigated proceedings.
We have been providing opinions for some of largest well known public insurance proceedings. Some examples include Brisbane Grammar proceedings, NZ City Council Christchurch insurance disputes, Opal Towers matter, the destruction of the Port of Lyttleton, Westpac Class Actions, supply chain product recall proceedings and many more.
Together with our Sheller, Insurance and Commercial Law we can provide fulfillment in all aspects of risk, legal advice including litigation.
Start the discovery process now. Please give us a call for a free initial consultation on any matter current or pending.