Insurance claim lawyers in Newcastle and NSW

We help with disputed and denied property, home and business claims, through advice and when needed, in court.
Commercial, Business & Property

A denied or reduced insurance claim can be stressful and financially serious, but the insurer’s decision is not necessarily the final word. We act on disputed property, home and business insurance claims, drawing on the Insurance Contracts Act 1984 (Cth) and the General Insurance Code of Practice, and we pursue them through internal review, AFCA and the courts. We act from our offices in Newcastle for clients across the Hunter and NSW.

How we help

We work out where you stand and pursue the claim by the most effective route. We:

  • Review the policy, the denial and the legal framework, and advise on your prospects.
  • Request written reasons and run the insurer’s internal dispute resolution process.
  • Escalate to AFCA, the free external scheme that can require an insurer to pay.
  • Commence court proceedings where the amount or the issues require it.

Why clients choose Mullane Lindsay

Our insurance work draws on our litigation team, led by Director Kristy Nunn and Special Counsel David Collins, and we are members of the Australian Insurance Law Association. Because we also act for insurers, we understand how claims are assessed and where the pressure points are. Where a claim cannot be resolved through review or AFCA, our dispute resolution team takes it further. Backed by the firm since 1976, we give clear, practical advice aimed at a cost-effective result.

What can you do if your claim is denied?

A denial can be challenged. You are entitled to written reasons under the Insurance Contracts Act 1984 (Cth) and the General Insurance Code of Practice. You can ask for an internal review by a senior officer not involved in the original decision, and then escalate to AFCA, a free, independent scheme that can award compensation and require an insurer to pay a wrongly denied claim. Where the amount exceeds AFCA’s limits or the issues are complex, court may be the right step. Time limits apply, so act promptly.

FAQs

Understanding the basis of the dispute is the first step in challenging it. Common claims range from storm versus flood damage (where the distinction can be technical and one may be excluded), fire damage (especially where cause is unclear) and water damage (often disputed as gradual damage or lack of maintenance). They may also involve theft or business interruption, often because of disputes about the amount payable or policy exclusions.

You are entitled to written reasons, to an internal review by a senior officer not involved in the decision, and to escalate to AFCA, a free external scheme that can require the insurer to pay. For large or complex matters, court may be appropriate, and in hardship the insurer may need to fast-track your review. Time limits apply, so act promptly.

Under the Insurance Contracts Act 1984 (Cth) you must disclose, before the policy starts or renews, what you know (or a reasonable person would know) is relevant to the insurer’s decision. Non-disclosure can let the insurer avoid the policy (if fraudulent), reduce the payment, or vary the terms. There are limits, so if an insurer relies on non-disclosure, get advice to test their position.

When your claim is denied or reduced, the amount in dispute is significant, the insurer alleges non-disclosure, the policy interpretation is complex, delay is causing hardship, or you are dealing with a total loss or a natural disaster claim. In these situations, experienced advice can materially improve the outcome.

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