Practice Area
Insurance Law
In insurance law, careful reading is decisive: the wording of policy terms, compliance with policyholder duties, the applicable deadlines and proof of loss. We assess each case along these four dimensions to form a sound view before the first correspondence with the insurer.
When to Seek Advice
When Clients Come to Us
- The insurer refuses cover or reduces the payment.
- A breach of policyholder duties or an increase in risk is alleged.
- The amount of a personal injury or property damage claim is disputed.
- Insurance policy terms need to be reviewed or redrafted.
- Coverage litigation is anticipated or already pending.
Typical Scenarios
The Legal Issues Involved
Accident and Personal Insurance
Disputes over the degree of disability, causation and the contribution of pre-existing conditions, assessment of permanent disability and the validity of exclusions—medical evidence is often decisive.
Property and Business Insurance
Issues of underinsurance, replacement value versus depreciated value, business interruption and duties to mitigate loss.
Liability and Financial Loss Insurance
Distinguishing covered negligence from exclusions, series loss clauses, deductibles and coordination between insurance coverage and the underlying liability relationship.
Policy Terms and Product Design
Reviewing sets of clauses for transparency and validity, including the limits of exclusions and policyholder duties in general insurance terms.
Our Approach
How We Handle Your Matter
Review the policy and correspondence
Reviewing the policy, terms, notification of loss and all correspondence.
Check coverage and deadlines
Examining the legal basis for the claim, exclusions, policyholder duties and deadlines, particularly limitation periods and contractual time limits for bringing proceedings.
Assess the medical evidence
Assessing the evidence, drawing on medical expertise in personal injury cases.
Recommend an approach and indicative cost range
Recommending a course of action: a substantiated request for further payment, negotiation or a coverage action, with an indicative cost range.
Represent you in dealings with insurers and before the courts
Representation in dealings with insurers and before the courts until the matter is resolved.
Legal Framework
Key Legislation
- VersVG
- Austrian Insurance Contract Act—policyholder duties, disclosure obligations, when benefits fall due, limitation periods and time limits for bringing proceedings.
- ABGB / KSchG
- Contract interpretation, unconscionability and the transparency requirement for general insurance terms.
- VAG
- Regulatory framework for insurance undertakings and their business organisation.
Initial Consultation
Documents for the Initial Consultation
The more complete the documents, the more reliable the initial assessment.
- Policy and all applicable insurance terms
- Notification of loss and complete correspondence with the insurer
- Letter refusing cover or reducing payment
- Medical findings, expert reports, invoices or cost statements
- Details of any existing legal expenses insurance
Insurance Law: Discuss Your Case
Call or write to us—we generally respond within one working day.