Practice Areas

Indemnity disputes, advice and policy interpretation

Ligeti Partners’ primary practice areas include indemnity disputes, indemnity advices and policy interpretation. We have acted for insurers for over 37 years and, as a result, we have extensive experience in this area. We regularly advise on the terms and conditions of liability, motor, home and contents policies. 

We have drafted Product Disclosure Statements on behalf of insurer clients (from start to finish). Moreover, from time to time, we are engaged to draft or re-draft particular sections of a PDS wording.  

We have the necessary experience and skills to advise on legislation impacting upon policies of insurance, particularly the Insurance Contracts Act. We have an intimate knowledge of this legislation,  as well as other statutory or common law principles relating to the interpretation of policy wordings. Given our litigation expertise, we are well placed to provide indemnity advice and defend indemnity disputes. 

Some examples of matters handled by Ligeti Partners include:

    • We regularly advise clients in relation to the interpretation of the meaning of a “reasonable precautions” clause within a policy of insurance. 
    • We recently provided advice to an insurer client involving policy interpretation in relation to the meaning of “intentional acts”. 
    • We were involved in a claim arising from an insured house which was fire bombed. There was significant press about the events leading up to the loss. The insurer sought advice on relevant policy exclusions and also strategic advice on how to deal with the claim, how to work with the Police, how to interview the insured, who was incarcerated and forensically inspecting and securing the property whilst it  remained a crime scene. We provided the requested advice and the insurer successfully resolved the claim with no adverse publicity. 
    • An insurer received a claim involving an accident which occurred during a “race” at a well-known raceway conducting under the auspices of a sports car club meeting. Unfortunately, due to the wording in the insurance policy, they were required to pay the claim. We provided a detailed advice to the insurer in relation to the wording of the relevant exclusion and recommended amending the wording so it could deny indemnity in future similar claims.  

 

Our Indemnity Disputes, Advice & Policy Interpretation team:

If you would like further information about PDS interpretation, drafting or indemnity advice, please Contact Us