We seek to resolve insurance coverage disputes using informed interrogation of policy language and a thorough understanding of market practice.
Pre-action
Wynterhill regards the Civil Procedure Rules as a catalogue of opportunities for resolving disputes, not just a route-map for grinding cases expensively to trial.
Despite the absence of an insurance-specific Pre Action Protocol, we always seek to make the most of the early investigation of issues which the court expects before a Claim Form is issued. We are proud of our record of driving claim payments by way of these processes, with the resulting costs-savings for clients.
Arbitration
Confidential dispute resolution is a potential answer to claims raising issues of market wide significance where insurers are cautious about setting a precedent for payment.
Wynterhill’s use of arbitration is not confined to following a policy-specified form of dispute resolution. Once a claim has arisen, we look for opportunities for the parties to agree to resolve disputes or specific issues by a range of arbitral formats best tailored to achieving the right outcome at the right price and in the shortest possible time.
Mediation
Wynterhill seeks to exploit the opportunities for policyholders arising from the English Courts’ renewed drive to have disputes mediated. Barely a month passes without our team being involved in a mediation. We aim to cut through legal posturing and promote serious, commercial, client to client discussion.
Financial Ombudsman
While suitable for only certain kinds of disputes, the Ombudsman’s ability to ignore the full rigour of insurance law makes it a good option for certain issues. That degree of informality can lead to policyholders deluging the Ombudsman with information and leaving it to them to sort it out. Wynterhill has a track record of guiding policyholders in making cogent and complete submissions which put them in the best position for the Ombudsman to rule in their favour.
