Having professional advice & assistance from a registered loss assessor such as Claims Assist when making an insurance claim is practical and advisable but there is a case for also getting assistance from a professional such as an insurance broker when you are first taking out a new policy or insurance cover due to the complexity involved in taking out a new insurance policy. The competition and consumer protection commission have published a useful guide that summarizes the different types of insurance and levels of cover applicable with the different policies. This can be viewed here
However this is a general guide and a recent article in the Irish independent details the findings and comment of the Law reform commission about the pitfalls that lie in wait when you enter into a contract with an insurer.
– The Law Reform Commission (LRC) said in a statement that It found the rules (The law related to insurance contracts) were unfair and unjust when it comes to how consumers and small firms are treated by insurers. Out dated laws and massive burden of total disclosure are the starting point for a person or company taking out a policy which can allow an insurance company ‘carte blanche’ to dismiss legitimate claims on the basis of incorrect information.
Realities
“The current rules do not match current realities,” the (LRC) report states.
The law body is headed up by former judge of the High Court Mr Justice John Quirke and the majority of its recommendations form the basis for the drafting of new legislation.
The duty on consumers to disclose information when applying for a policy are too onerous, the LRC said.
This can lead to insurers legally refusing to settle a claim even when the non-disclosure was irrelevant information.
Insurers should not be able to repudiate all liability under the insurance contract, but should be required to make proportionate payments to the consumer.
Third-parties to an insurance contract should be able to make a claim, the commission said. At the moment if a worker is injured and makes a claim, but his employer is in liquidation, receivership or examinership, they are not entitled to a payout.
And it is recommended that consumers should be asked by an insurer to prove they have suffered an actual loss, rather than having an “insurable interest” in the risk being insured.
There should also be a duty on consumers to pay premiums in a reasonable time.