The Gazette 1989

SEPTEMBER 1989

GAZETTE

J. P. Kilcullen & Co. Ltd. Insurance Consultants - Risk Managers - Claims Handling We Specialise in Handling Claims for Policyholders 30, Ardagh Grove, Blackrock, Co. Dublin. Telephone: 887009/831282/3/4/5 Fax: 833494 Directors: J. P. Kilcullen F.C.I.I., F.C.I. Arb., Managing. M. M. Kilcullen, Secretary.

sultant will recommend action under one or more of the under- noted headings. 1. If everything appears to be in order - advise on procedures to be followed to quantify the loss within the time specified and present insurers, or their loss adjusters, w i th a detailed statement of claim. For example, in a major fire claim, the consultant should continue to be involved until finalised. If required, he should organise and work w i th a team of experts consisting of an architect, quantity surveyor, structural engineer, con- sulting engineer, etc. From his experience of this type of work he w i ll k now t he most e f f i c i ent professionals available throughout the country. 2. If some of the problems referred to earlier arise, he will discuss the particular points at issue w i th Insurers and endeavour to iron out the difficulties. Much will depend on how serious the problem may be but, in practice, insurers look favourably on this type of approach. Commercial con- siderations are relevant. 3. If the consultant is satisfied that insurers have not correctly interpreted the contract, he may recommend invoking the Arbitra- tion Clause - if negotiation fails to resolve matters. 4. If the consultant is satisfied the contract is not as expressed in the policy - and negotiations have failed - he may r ecommend litigation. 5. The consultant might con- clude that the loss is not covered or is expressly excluded by the policy. In the absence of special circumstances, he will recommend no further action be taken. It is essential that the insurance consultant be involved at the outset

of the claim; whether continuing involvement is necessary depends on the type of claim and the particular problems it presents. The freak accident has become commonp l ace and t h i ngs will happen in the future wh i ch have not occurred before. Whilst insur- ance follows the changing hazards of living, there will be times when both the underwriter and the con- sultant will have difficulty relating the event to the cover which exists. We live in a rapidly changing world. Risks such as computer fraud, product guarantee, product recall, directors and officers liability, ransom and kidnap, satellite covers, decennial and legal fees, were unheard of ten years ago. A variety of new insurance contracts have been devised to cater for these risks - w i th the end of the tariff each insurer drafts his own word- ings, many of wh i ch have not yet been tested and will doubtless give rise to interesting disputes in the future. •

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