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New Rights for Policyholders to claim on late Insurance Claims

5th June 2017 by Mark Timberlake

Categories: Property News
Tags: , , ,

From 4th May 2017, the rights of policyholders to receive payment of their claims within a reasonable time have been strengthened. The Enterprise Act 2016 applies to every insurance policy placed or renewed from that date.

The Act imposes an implied term on insurance contracts that the insurer must pay any sums due within a reasonable time and breach of that may give rise to a claim for damages.

The Act defines what is a “reasonable time” which includes time to investigate and assess the claim and will depend on the relevant circumstances.

The Act, however, allows insurers dealing with a non-consumer policy to contract out of this implied term provided that it meets certain transparency requirements and it is clearly brought to the customer’s attention.  It will not apply however if the insurer deliberately or recklessly delays claims.

A policyholder who wishes to make a claim for late payment must lodge their case with the court within one year of the insurance company paying all other sums that are due in respect of the insurance claim.

For help in bringing an insurance claim contact Rob Kelly on 01202 755217 or or Brendan Herbert on 01202 755201 or



Mark Timberlake

Managing Partner — Dispute Resolution

Direct dial: 01202 377863


Mark Timberlake
  • “The advice Mark gave was very good value for money and the combination of strictly accurate legal advice and common sense were exactly what I needed.”

    Nick Stocks. Director, Spitfire Court Properties Ltd.

  • “Mark Timberlake is an exceptional solicitor. He has a huge depth of knowledge in his speciality and looks after his clients in a very kind and patient manner. Mark is unfailingly courteous and always a pleasure to deal with. I am always confident in any matter that Mark has dealt with.”

    Jane Balmforth

  • “We have had many years of top class professional advice and assistance in many respects of our property ownership. However great our worries initially, matters have been dealt with in a most professional manner and to our satisfaction.”

    Michael Filer, Bourne Court Consortium

Mark qualified as a solicitor in 1989 and since then has specialised in property and landlord and tenant disputes, possession and debt recovery in relation to both commercial and residential property. He has extensive experience in relation to issues involving blocks of flats including representation in the Property Chamber and the courts. He has also dealt with many commercial disputes, professional negligence and insolvency claims.

He has frequently given talks on the law as it affects managing agents through the Association of Residential Managing Agents and other groups.

He has been recommended for many years by the Legal 500 Guide to the Legal profession which has said that Mark ‘is very highly rated by clients’, ‘explains complex issues in understandable terms’ and ‘is excellent in really difficult situations’. 

Mark is married with 2 teenage children and at weekends can often be found on his boat which he sails competitively.

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