The insurance sector faces many challenges, affecting both insurers and policyholders. Disputes often arise over coverage, claims handling, and policy interpretation. Resolving these efficiently is crucial for maintaining trust and avoiding costly litigation. B P Collins’ dispute resolution team considers some common examples below.

1. Ambiguities in policy wording

Insurance policies can be complex, and unclear terms often lead to disputes. Policyholders may believe they have coverage, only to find exclusions apply. Conversely, insurers may struggle to enforce exclusions if wording is vague.

Solutions

  • Insurers should ensure clear and precise policy wording.
  • Legal teams should review policies regularly to eliminate ambiguity.
  • Policyholders should seek legal advice before purchasing complex policies.

2. Delays in claims processing

Delays frustrate policyholders and increase administrative costs for insurers. Causes include insufficient documentation, loss adjuster backlogs, or disputes over policy coverage.

Solutions

  • Policyholders should submit complete and accurate claims with all required evidence.
  • Insurers should streamline claims processes using digital tools and AI-driven assessments.
  • Clear communication between insurers and policyholders can reduce misunderstandings and speed up claims.

3. Fraudulent claims

Fraudulent claims cost insurers billions annually, leading to increased premiums for honest customers. Common fraud includes exaggerating losses, staged accidents, and false claims.

Solutions

  • Insurers should invest in fraud detection technology, such as AI and data analytics.
  • Thorough investigations and cross-checking information can help identify suspicious claims.
  • Stronger penalties for fraudulent claims deter dishonest behaviour.

4. Underinsurance and non-disclosure

Policyholders sometimes underestimate the value of insured assets or fail to disclose key information. This leads to disputes when claims arise, as insurers may refuse to pay in full.

Solutions

  • Insurers should educate customers on the risks of underinsurance.
  • Regular policy reviews can help ensure adequate coverage.
  • Policyholders must provide full and accurate disclosures to avoid claim rejections.

5. Regulatory compliance issues

Insurers must comply with ever-changing regulations. Non-compliance can lead to fines, legal action, and reputational damage. Policyholders may also struggle to understand their rights under new laws.

Solutions

  • Insurers should have dedicated legal teams monitoring regulatory changes.
  • Regular training for staff ensures compliance at all levels.
  • Policyholders should seek legal advice when unsure about their rights and obligations.

6. Disputes over liability and indemnity

Liability claims, particularly in commercial insurance, often result in disputes over responsibility and indemnity limits. These can be costly and time-consuming.

Solutions

  • Clear contract wording and risk allocation help prevent disputes.
  • Mediation and alternative dispute resolution (ADR) can be cost-effective alternatives to litigation.
  • Legal advice at the outset of a claim can clarify responsibilities and prevent drawn-out disputes.

Conclusion

The insurance sector thrives on trust and reliability. Addressing these common problems through clear communication, technology, and legal support benefits both insurers and policyholders. Legal professionals play a vital role in ensuring fair outcomes and upholding industry integrity.

Please contact B P Collins’ dispute resolution team for advice by calling 01753 88995 or email enquiries@bpcollins.co.uk.


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