GAZETTE
SEPTEMBER 1989
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.
•
SA VE MONEY
ON YOUR BUSINESS
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