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Insurance Delay

  • 24-01-2017 4:27pm
    #1
    mam6
    Registered Users, Registered Users 2 Posts: 3 ✭


    Hi everyone, can anyone tell me is an insurance company's delay in confirming indemnification a just cause in a delay in filing a defence?


Comments

  • #2
    Sue Pa Key Pa
    Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    mam6 wrote: »
    Hi everyone, can anyone tell me is an insurance company's delay in confirming indemnification a just cause in a delay in filing a defence?

    Yes, an Insurance Company can reserve it's rights to provide indemnity if it thinks there has been a breach of policy conditions, such as late notification, misrepresentation or failure to comply with warranties.

    As motor insurance is the only compulsory insurance in Ireland, insurers are obliged to compensate a 3rd party if you are liable. They do not have to indemnify you for own damages and can seek recovery from you personally for their outlay to the 3rd party.

    Insurers may continue to act as if indemnity will be provided while they consider their position, in order to minimise the loss, but can withdraw indemnity if they feel it is justified. Alternatively, they can advise that you should appoint your own legal representatives to act as if you are uninsured (at your own expense)


  • #3
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    mam6 wrote: »
    Hi everyone, can anyone tell me is an insurance company's delay in confirming indemnification a just cause in a delay in filing a defence?

    Are you the plaintiff ?

    If so, the position is as set out by Sue Pa Key Pa.

    If you are the defendant the insurers will work against themselves by delaying as if you allow a judgment in default of a defence being filed that will come back to them !


  • #4
    mam6
    Registered Users, Registered Users 2 Posts: 3 ✭mam6


    Thank you for replies. My husband is the defendant, who only received confirmation last week that he would not be indemnified for public liability cover, after five months of dealing with them. Since then we have been active in organising defence etc and informed plaintiffs solicitor as such and asked for documentation that we need. The whole thing is a farce, and the documentation does not exist.
    He has now informed us that we have had enough time and they are proceeding directly to a motion of default in defence. We have informed him all along that we were waiting on the insurance to confirm.


  • #5
    Sue Pa Key Pa
    Closed Accounts Posts: 2,060 ✭✭✭Sue Pa Key Pa


    PM sent


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