Insurance Law & Lawyers
Insurance claims, policy disputes, and denied coverage matters.
An insurance lawyer can provide advice on a wide range of insurance-related legal issues.
These include:
- motor claims,
- credit hire,
- employers’ liability,
- product liability
- public liability insurance
- Professional Indemnity
- Insurance Coverage Disputes
- Policy Wording & Drafting, and
- Insurance Fraud
- income protection
- all of insurance matters
Insurance lawyers can also provide legal guidance on insurance matters such as fraud, personal injury, health and safety litigation and costs disputes.
Do you need help regarding insurance law? Would you like to make an insurance claim? If so, then please complete your free legal enquiry form on the right, or click here.
Insurance Law
Despite the best efforts of insurers to make the terms of their cover crystal clear, the wording can sometimes leave room for different interpretation, particularly in unforeseen circumstances.
Insurance lawyers can resolve differences arising from interpretation and can advise in all classes of insurance business. As well as resolving the immediate dispute, insurance lawyers can also advise on the necessary revision of policy wording in order to avoid the same or similar problems in future.
Insurance lawyers also work with clients to identify and remove potential areas of doubt between insurers, reinsurers and insureds in the light of new or prospective commercial developments and legislation. Through this non-contentious work, Insurance lawyers help their clients avoid potentially costly misunderstandings and disputes.
Insurance lawyers have considerable experience in resolving personal injury claims arising from road traffic accidents, incidents at work and public liability matters.
Insurance lawyers can assist insured people and businesses pursue claims in respect of fire damage, subsidence or flooding, as well as pursuing claims made unedr Income Protection policies.
Do you need help regarding insurance law? Would you like to make an insurance claim? If so, then please complete your free legal enquiry form on the right, or click here.
Insurance legislation in Australia
The Insurance Act 1973 (Cth) requires minimum levels of capital and solvency for companies wanting to enter the insurance market and for insurers in the market.
Chapter 7 of the Corporations Act 2001 (Cth) regulates the way in which insurers and insurance agents and brokers carry on business and how they deal with the people they do business with and intend to do business with.
The Insurance Contracts Act 1984 applies to most insurance contracts with an Australian connection and is intended to ensure that a fair balance is struck between the interests of the insurer and the insured.
Insurance Regulators
The Australian Prudential Regulation Authority (APRA) has the power pursuant to the 'Insurance Act 1973 to investigate a general insurer, freeze its assets or direct it to take specific action (for example, stop writing new business).
The Australian Securities and Investment Commission (ASIC) is responsible for the general administration of the ICA.
Insurance contract
The formation of an insurance contract is governed by ordinary contractual principles.
Code of Practice
The General Insurance Code of Practice is a self regulatory code that binds all general insurers who are signatories to it. It has been approved by ASIC pursuant to s 1101A of the Corporations Act 2001 (Cth).
Financial Ombudsman Service
If a person doesn't agree with the outcome of the insurer's Internal Dispute Resolution (IDR) process, they can contact the Financial Ombudsman Service with a request that the Service resolve the dispute.
Do you need help regarding insurance law? Would you like to make an insurance claim? If so, then please complete your free legal enquiry form on the right, or click here.
Further Resources - Insurance Law & Lawyers
News, updates and further information - Insurance Law & Lawyers
Insurance contracts
The formation of an insurance contract is governed by ordinary contractual principles.
Do you need help regarding insurance law? Would you like to make an insurance claim? If so, then please complete your free legal enquiry form on the right, or click here.
Code of PracticeThe General Insurance Code of Practice is a self regulatory code that binds all general insurers who are signatories to it. It has been approved by ASIC pursuant to s 1101A of the Corporations Act 2001 (Cth).
Financial Ombudsman ServiceIf a person doesn't agree with the outcome of the insurer's Internal Dispute Resolution (IDR) process, they can contact the Financial Ombudsman Service with a request that the Service resolve the dispute.
Main object of the INSURANCE ACT 1973
(1) The main object of this Act is to protect the interests of policyholders and prospective policyholders under insurance policies (issued by general insurers and Lloyd's underwriters) in ways that are consistent with the continued development of a viable, competitive and innovative insurance industry.
(2) This Act, and the prudential standards determined by APRA under this Act, achieve this mainly by:
(a) restricting who can carry on insurance business in Australia by requiring general insurers, and the directors and senior management of general insurers, to meet certain suitability requirements; and
(b) imposing primary responsibility for protecting the interests of policyholders on the directors and senior management of general insurers; and
(c) imposing on general insurers requirements to promote prudent management of their insurance business (including requirements concerning capital adequacy, the valuation of liabilities, reinsurance arrangements and the effectiveness of risk management strategies and techniques); and
(d) providing for the prudential supervision of general insurers by APRA.
If you need legal advice regarding Insurance Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Insurance Law lawyer nearest you, who can help you with Insurance Law.
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