Banking, Finance & Insurance Disputes
Dispute Resolution & Litigation
Have you received bad or incorrect advice from a bank or financial planner?
If you have suffered financial loss as a result of bad or incorrect financial advice, you may be entitled to claim for compensation.
In recent years, there has been an explosion of people suffering significant financial losses as a result of negligent, and in some cases, fraudulent advice being provided by banks and financial service providers. Many cases involve inexperienced financial planners working for banks advising customers to invest in financial products that were owned by the bank. Not only were the planners claiming significant commissions by selling these financial products, but they were also in a conflict situation because they were advising customers to invest in the financial products of companies owned by the banks they worked for.
There have been many cases of the banks putting their profits before their customers best interests. However, these claims are not just limited to the banks; independent financial planning firms and accountancy firms have also provided negligent investment advice to their clients.
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Have you had an insurance claim denied?
Attwood Marshall Lawyers has a long history of fighting insurance companies across a broad spectrum of claims.
In most cases, people feel secure that they hold insurance and rely on their policies as a safety net in the event something unexpected happens. Almost all families have multiple insurance policies to protect their home and contents, motor vehicles, business, and health. Most professionals also have compulsory professional indemnity insurance to cover them for claims made against them in the event they provide their clients with negligent advice or deliver work that results in their customers suffering losses.
Unfortunately, insurance companies have a habit of denying liability for claims despite people paying their premiums on time and ensuring they are covered for the unexpected. Most people don’t read the fine print of their policies and do not completely understand what exclusions apply to their insurance cover, which comes as a nasty surprise when they make a claim.
We have represented many clients who have suffered significant loss or damages to their home or business premises after a fire. Insurance providers try to deny liability claims and appoint investigators who go to great lengths to attempt to gather evidence which may show that the fire was deliberate.
In many cases, it is not until clients have engaged lawyers and threatened to sue the insurance company that they finally, and reluctantly, agree to pay for the claim the client is entitled to.
Similar issues arise when claims are denied for natural disaster events. Many insurance claims have been denied due to inconsistency in definitions within the policy’s fine print, such as “flood damage” and other technical issues. When someone has suffered significant loss due to a natural disaster, it is extremely distressing. They have already lost their most valued possessions and the roof over their head, to then be told their claim is denied is devastating.
Do you have Business Interruption Insurance?
If your business was forced to close its doors as a result of COVID-19 and the government’s response to the pandemic, and your insurer has denied your Business Interruption Insurance claim or your insurance broker has told you that you don’t have a claim, you may still have options available to you.
Attwood Marshall Lawyers have developed a streamlined system that not only assists consumers with their claims, but also provides the necessary information to the bank’s advisors in the driver’s seat who are determining a claim for compensation. We use reputable forensic accountants to assess the conduct of the bank and calculate the losses suffered as a result of this conduct. Our Commercial Litigation lawyers are experienced in dealing with lending institution matters and are highly specialised in all areas of business and commercial law, with a key focus on dispute resolution. The team have the local knowledge and industry experience to guide you through the everchanging and complex commercial litigation and dispute resolution legal system, in order to obtain a positive outcome.
If you have a claim against an insurance company and you believe they have unfairly denied liability for the claim, please contact us to obtain preliminary legal advice in relation to your rights. In many cases, we will accept claims on a ‘No Win, No Fee’ basis if you have reasonable prospects of succeeding and your financial circumstances do not allow you to afford to pay for your legal services.
There has been a proliferation of new insurance companies that have flooded the market in recent times promising cheaper premiums and better service. As with all insurance or financial products, you should ensure that you carefully read all the terms and conditions of the policies and be very clear about what exclusions apply to your cover. Many policies are worded in such a way that it is difficult to clearly understand what circumstances are covered and which are not. A reputable insurance broker can assist you with understanding the terms and conditions of your policies and help you shop around for the best deal to protect you and your particular circumstances. Normally, their fee is paid by the insurance company who they recommend you to.
There are often exclusions for all types of insurance policies. For example, if you hold comprehensive insurance on your motor vehicle, it is a common exclusion in most policies that if you leave the keys in your car and it is stolen, you are not covered. This applies even if the car is securely parked in your garage at home!
There are other exclusions with motor vehicles that people often overlook:
- The age and/or experience of the driver – some policies only cover drivers over a certain age, i.e. over 25 years;
- If you have an accident and you are over the limit for drink driving (.05), or you are charged with driving under the influence of drugs;
- If you have an accident and are charged with certain offences, you may not be covered by the insurance policy;
- If you fail to disclose your traffic record before taking out the insurance or the traffic record of certain drivers, insurers may attempt to deny liability on the basis that they would not have covered you had you disclosed your driving record.
It is imperative that you read the product disclosure statement on all insurance policies so that you have a thorough understanding of what is, and more importantly what is not, covered under the policy.