We only ever act for policyholders, so we’re always conflict free.
Wynterhill’s partners are seasoned lawyers who have not only drafted and negotiated policy wordings, but also guided insurance claims and disputes from initial notification to the highest appellate courts both in this country and abroad. Our policy drafting is influenced by our claims experience; our claims work benefits from our policy drafting experience. We understand the reliance you place on your insurance brokers in negotiating policies and progressing claims. Our approach to working alongside insurance brokers is simple and straightforward:
- We know our strengths.
- We respect insurance broker’s skills.
- We collaborate to make the best of both.
A policy needs to reflect the realities of your business and the risks it faces, we have experience of achieving just that.
We regard prevention as better than cure. Many of the problems that can arise when you claim under a policy can be avoided by some investment in getting the policy drafting right at the time at which you buy it.
Insurance policies are a product, the result of a commercial bargain, and our lawyers have drafted and negotiated market-leading policy wordings for household-name companies. We ensure that your policy’s words reflect the realities of your business. We understand and work with what insurers are willing, and can be persuaded, to provide. We put forward practical, realistic, enhancements to existing or proposed cover. We consider the policies you buy as a whole, creating seamlessly integrated cover without potentially expensive gaps or overlaps.
Preparation is key to everything we do.
The first stage of preparing for a claim is getting the policy drafting right. Once a claim scenario arises we can identify which policies to notify and on what basis.
We craft notifications to maximise policy response and minimise the risk of challenge. We can help steer the direction of insurer’s claim investigation. We will challenge them to focus on the essentials. We will drive them to confirm cover quickly. We advocate commercially realistic views of policy obligations which frequently overcome narrow readings of policy terms designed to reject claims. In this way claims, including claims worth hundreds of millions of pounds, can be successfully resolved without litigation.
We can be a “one stop shop” for disputes.
For most business and people, disputes are an unwelcome distraction. By never losing sight of your commercial objectives we aim to make the process as quick and easy as it can be. We can also advise on litigation funding options and cost risk mitigation options.
If insurers contest or deny cover:
- We will make an early realistic assessment of the merits of your claim.
- We will pursue all realistic routes to getting that claim paid.
- We will ensure that the costs of a dispute stay proportionate to the likely outcome.
Unlike most firms, Wynterhill offers a one-stop shop for litigation, comprising solicitors and barristers. But if that’s not what you require, then that’s no problem. We also accept instructions from other firms of solicitors to represent policyholders in court or work alongside other barristers. We have the flexibility and focus to provide the team that works best for you.
The Financial Ombudsman
We understand how the Financial Ombudsman Service works
We are unique because we have taken the hundreds of excuses that insurers use to refuse to pay claims and catalogued these against the laws, regulations and the Ombudsman’s settled and published approach. We are speedy and cost-effective.
We can assist if you are:
- a consumer (someone who has purchased a policy other than for their trade, business or profession); or
- a small business (your turnover is less than Euro 2 million and you employ fewer than 10 people full time); and
- the value of your dispute is between £50,000 and £150,000.
We will make a formal complaint to your insurer and, should they refuse to uphold it, we will appeal your case to the Financial Ombudsman Service.
The Ombudsman has the power to make your insurer put things right. You will not usually have to attend any hearing before the Ombudsman or be exposed to the risk of having to pay your insurer’s legal costs.
To find out more please contact: Steve Smart.