1. What is insurance contract dispute?

Insurance contract disputes are conflicts and divergences of rights and obligations between an insurance business enterprise (the insurer) and an insurance policyholder in the process of exercising rights and obligations under an insurance contract.

2. Insurance contract disputes

The range of insurance types is not only limited to life and health insurance, but also property insurance. Currently, there are two common types of insurance: (i) Commercial insurance including Life Insurance, Non-Life Insurance, Health Insurance and (ii) Types of insurance implemented by the State include Deposit Insurance, Health Insurance, Social Insurance. In the scope of this article, Phong & Partners only mentions commercial insurance.

The most common insurance contract disputes are:

• Disputes over insured events, one party believes that there is an insured event and the other party disagrees;

• Disputes over damage assessment results for the insured object;

• Disputes over insurance claim value;

• Disputes over the cause of the insured event;

• Disputes about the truthfulness of information that the policyholder must provide;

• Disputes over the duration of the insurance contract;

• Disputes over insurance coverage and conditions;

• Disputes over exclusion terms;

• The policyholder fails to take measures to ensure the safety of the insured objects during the use...

3. What to do when there is an insurance contract dispute?

When unfortunately an insurance contract dispute occurs, there are many methods to resolve the dispute, each method will have certain advantages and disadvantages. The parties need to base on own actual situation to choose the appropriate method of dispute settlement, which can include the following methods:

• Negotiation:

This is the preferred method of choice to resolve conflicts and divergences because of convenience and low cost. With this method, the insurer and the policyholder will negotiate to find the most suitable way to handle the two parties’ dispute. In order to negotiate effectively, the negotiator must clearly understand contract’s terms, firmly grasp the legal provisions and must have the ingenuity and flexibility of a negotiator to achieve the highest efficiency. With this method, the goodwill factor of the parties plays a dominant and decisive role.

• Filing a lawsuit at a Court or an Arbitration Center

In case the policyholder and the insurer cannot negotiate with each other, the parties no longer have goodwill to cooperate, cannot find a common opinion, then filing a lawsuit to a Court or an arbitration center is the appropriate method. At this time, the dispute will be arbitrated by the Judicial Council or Arbitration. The parties must give arguments and provide evidences to prove that their legitimate rights and interests have been infringed. This method will of course cost time, effort and cost of the proceedings, and to implement this method, it requires knowledge of the proceedings and grasp the legal issues related to the content of the dispute.

After the judgment takes legal effect, the client needs to immediately carry out the procedures for requesting judgment enforcement. Depending on the complexity as well as the judgment enforcement ability of the losing party, the judgment enforcement process is fast or slow. This stage also requires the same legal knowledge and expertise as the settlement phase at the Court/Arbitration Center.

4. Lawyer specializing in insurance contract dispute resolution at Phong & Partners

Phong & Partners Law Firm is a law firm with many years of experience in many fields. We provide insurance contract dispute resolution consulting services with the following scope of work:

• Counseling on arising issues during the negotiation and settlement of disputes, including:
  • Counseling on, evaluating insurance contract disputes;
  • Counseling on insurance contract dispute resolution strategies, steps to be taken to resolve contract disputes in the best interests of clients;
• Drafting arising documents in the process of dispute settlement, including:
  • Drafting documents to reply or a documents to request the violating party to perform work related to the content of the insurance contract dispute;
  • Drafting lawsuit petitions, written opinions and related documents when carrying out lawsuits to a competent court or at a commercial arbitration center to request the performance of obligations;
  • Drafting documents to send to competent authorities to collect evidences to settle the case;
  • Drafting petitions for judgment enforcement, verifying judgment execution conditions for enforcement of legally effective judgments;
  • Drafting petitions, claims or other documents  to send to agencies, organizations and individuals to protect the interests of clients when necessary.
• Representing/protecting the interests of clients during the insurance contract dispute settlement process:
  • Representing and/or participating with clients duirng the negotiation process with partners;
  • Representing clients to work with competent state agencies, relevant agencies, organizations and individuals to request coordination and collect evidence in the process of settling insurance contract disputes;
  • Representing/participating in protecting the legitimate rights and interests of clients at the Court/Arbitration Center when a dispute arises;
  • Representing clients to participate in the judgment enforcement process to request the judgment enforcement agency to issue a decision to execute the legally effective judgment.

5. How much does it cost to retain a lawyer specializing in insurance contract dispute resolution?

Each law firm will have a different service legal charge suitable for its clients. At Phong & Partners, we provide insurance contract dispute resolution lawyer service with legal service charges depending on the complexity of each case, the scale of the dispute, the scope of work and the demand of the clients. When participating in representing/protecting the interests of clients, in addition to a fixed charge, we charge a success charge for dispute settlement with the motto “No win - no fee”, that is, the legal service charge depends on the actual money that our client receives. For all costs and remuneration for implementing work, we always ensure a clear and transparent agreement when clients come to our firm.

Insurance contract disputes with the support and companion of lawyers will help to resolve effectively and quickly. With the motto of always taking clients’ satisfaction as the goal of operation, insurance contract dispute resolution lawyer in Da Nang - Phong & Partners is committed to serving the legitimate rights and interests of clients.

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PHONG & PARTNERS LAW FIRM

Add: 6th Floor, Thanh Loi Building, 249 Nguyen Van Linh Street, Danang city - 0905.102425

   Son Tra Branch: 01 Dong Giang street, Danang city - 0905.205624

   Lien Chieu Branch: 21 Truong Van Da street, Danang city - 0901.95099

   Ngu Hanh Son Branch: 03 Chu Cam Phong street, Danang city - 0905.579269

Tel: 0236.3822678

Email: Phongpartnerslaw@gmail.com

Web: https://phong-partners.com