Legal representation in insurance disputes
In most cases, insurance disputes are related to the refusal of insurance companies to pay insurance compensation, or incorrect determination of the amount of insurance compensation. In exceptional cases, the dispute may be related to the abuse of the right by the insured, in order to illegally obtain insurance compensation.
Cases for the resolution of insurance disputes are particularly complex due to the inflexibility of the terms of the insurance contract when it is concluded. In fact, insurance companies offer standard terms and conditions of insurance contracts adapted in favor of such companies. At the same time, in practice, such conditions do not always correspond to the requirements of the current legislation. If such inconsistencies are identified, the chances of resolving the dispute in favor of the insured increase significantly. However, this requires knowledge of both the current legislation in the field of insurance and law enforcement practice.
The procedure for consideration of insurance disputes
Insurance disputes involving individuals, not related to their entrepreneurial activities, are subject to consideration in courts of general jurisdiction. Insurance disputes involving entrepreneurs and legal entities are considered in arbitration courts.
As a general rule, before going to court within the specified category of disputes, it is necessary to comply with the pre-trial procedure for their settlement by sending a corresponding claim to the insurer.
The court, in order to assess all the circumstances of the case, presents the insurance contract concluded by the parties to the dispute, as well as all documents confirming the occurrence of the insured event and data on the insurer's evasion from fulfilling its obligations under the contract, and also, if necessary, establishes the fact that the insured received the insurance compensation justified.
A claim or other pre-trial procedure for resolving a dispute is mandatory in cases provided for by law or an agreement.
Before choosing the means and method of legal protection, we conduct an in-depth analysis of the materials of the insurance case and form an action plan, since from the very beginning there must be a plan and strategy for the legal position in the court case. After choosing the means and method of legal protection, it is necessary to act, making every effort, to achieve the intended result in court.