Leading UK loss assessors host insurance information disclosure seminar
Insurers and adjusters – how far can they go?
A one day seminar and discussion forum took place at the Birmingham Head Office of Thompson & Bryan loss assessors on 3rd November 2009 to consider recent market experience in information gathering and policy liability enquiries made by commercial insurance companies and their loss adjusters. The seminar, prepared by Shoosmith’s Solicitors’ Senior Litigation Manager Paul Eccles, was aimed at clarifying the rights and responsibilities of insurers and their agents, in addition to insureds, in relation to information disclosure in the period prior to the insurer accepting liability for an insurance claim.
Experience over the last 18 months or so has indicated that some insurers and adjusters often look to obtain information from insureds that give rise to the question ‘Are they entitled to ask for that?’ Also, methods adopted by some insurers and adjusters in interviewing clients and related third parties have often caused concern, or worse, distress for insureds.
The seminar, attended by all Thompson and Bryan technical staff, produced some very interesting examples of issues that fall squarely inside the grey area that is the general insurance policy requirement to provide ‘reasonable information’ in relation to an insurance claim. It also produced a number of issues where Shoosmiths’ view was that from a purely legal perspective, insurers and/or adjusters were operating in a manner that could be challenged in terms of Utmost good Faith or Treating Customers Fairly.
After several hours of discussion our team of technical staff gained a valuable insight into how best to advise clients on such issues going forward. The initial phase of any major claim can cause anxiety and distress and no small amount of uncertainty. It is vital that all relevant information reasonably requested is provided to enable insurance companies to make a prompt decision on insurance policy liability. However, if not properly managed at this early stage, policy liability, a precursor to any payment being made in an insurance claim, can become a protracted affair and in the worst cases, cause severe detriment to the business concerned.
If you are unfortunate enough to suffer a major incident, by instructing our loss assessors at Thompson & Bryan as soon as possible you can ensure your interests are fully protected and you receive the best advice to assist you in navigating your way through this difficult process.
For further details of legal assistance available visit Shoosmiths Commercial Insurance Services website.
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