Insurance Dispute Lawyers Brisbane
Your insurer said no. That is not always the end.
Insurance policies exist to protect you. When your insurer denies your claim, delays a decision, or disputes what your policy covers, you have options. Boyle Litigation is a specialist commercial litigation firm. We enforce policy entitlements and dispute insurance decisions for individuals and businesses across Australia.
When your insurer is not playing fair
An insurance dispute is rarely straightforward. Insurers have sophisticated internal teams and legal resources. They know how policies are worded. And they know that most claimants will accept a denial or a reduced settlement rather than fight.
At Boyle Litigation, we act for the other side of that equation: policyholders and businesses who believe they have been wrongly refused, underpaid, or misled. We are a specialist litigation firm. Disputes are all we do.
Insurance disputes we handle
We act in commercial, business, and personal insurance disputes across a wide range of policy types, including:
- Business interruption insurance disputes
- Public liability insurance disputes
- Professional indemnity claims
- Directors and officers (D&O) liability disputes
- Property and asset damage disputes
- Construction and project insurance disputes
- Trade credit insurance disputes
- Life and income protection policy disputes
We also act in disputes involving policy interpretation, exclusion clauses, disclosure obligations, and coverage disputes where an insurer relies on technicalities to avoid paying a legitimate claim.
Common grounds for disputing an insurance decision
Insurers deny or reduce claims for many reasons. Not all of them hold up to scrutiny. Common grounds on which we challenge insurance decisions include:
- Wrongful denial of a valid claim
- Unreasonable delay in processing or determining a claim
- Disputed policy interpretation or coverage scope
- Reliance on exclusion clauses the insurer cannot properly establish
- Alleged non-disclosure or misrepresentation where the insurer has overstated its position
- Underpayment or undervaluation of a legitimate loss
- Failure to act in good faith in claims handling
- Breach of the duty of utmost good faith
If your insurer has raised any of these issues, or if you are unsure why your claim was refused, a direct conversation with a specialist litigation lawyer is the fastest way to understand your position.
Why you need a specialist, not a generalist
Insurance disputes sit at the intersection of contract law, insurance law, and litigation strategy. Getting the framing right from day one matters. A delayed or poorly structured challenge gives the insurer time to cement its position.
Boyle Litigation focuses exclusively on commercial litigation. We do not run personal injury claims, conveyancing, or general legal advice. Our practice is disputes. That means when you instruct us, you are not working with a generalist who handles insurance disputes occasionally. You are working with a litigation team for whom disputes are the only work we do.
Urgent Action in Franchise Disputes
1
Rapid assessment
We review your policy, the insurer’s decision, and the correspondence. We identify whether you have a proper basis to challenge the decision and what that challenge looks like.
2
Strategic advice
We give you a clear, commercial view: the strength of your position, the likely response from the insurer, the timeline, and the realistic range of outcomes.
3
Formal dispute steps
Where required, we engage the insurer’s legal team, lodge formal dispute notifications, and if necessary, initiate proceedings. We also advise on internal dispute resolution and external dispute resolution through AFCA where that is the appropriate pathway.
4
Litigation if required
We are a litigation firm. If the matter cannot be resolved through negotiation or formal dispute resolution, we run the case in court.
AFCA, court proceedings, and knowing which path to take
The Australian Financial Complaints Authority (AFCA) is the external dispute resolution scheme for most insurance disputes in Australia. For some disputes, AFCA is the right starting point. For others, particularly those involving large commercial losses, complex policy terms, or urgent asset protection, court proceedings or a negotiated resolution may be faster and more effective.
We advise on the right pathway for your dispute at the outset. This is not a generic recommendation. It depends on the value at stake, the nature of the insurer’s position, the urgency of your circumstances, and the strength of your claim.
If you have already lodged an AFCA complaint and it is not moving, or if AFCA’s jurisdiction does not cover your dispute, we can assist with the next steps.
Who we act for in insurance disputes
Business owners and directors
A significant claim has been denied or reduced. The business interruption was real. The policy should have responded. It did not.
High net worth individuals
A property, liability, or personal policy dispute involving a meaningful sum. You need legal advice, not a claims complaints form.
Commercial property owners
A disputed building, asset, or project insurance claim. The insurer has appointed its own experts. You need yours.
Act before the insurer's position hardens
Insurance disputes have strict time limits. The longer a denial sits uncontested, the harder it becomes to challenge. If you have received a decision you believe is wrong, the time to get legal advice is now, not after you have exhausted internal complaints processes that lead nowhere.
Boyle Litigation offers a confidential, no-obligation initial discussion. We will give you a direct view of your position and your options.
Frequently asked questions
Can I dispute my insurer's decision to deny my claim?
Yes. If your insurer has denied your claim, you have a number of options, including internal dispute resolution with the insurer, a complaint to the Australian Financial Complaints Authority (AFCA), or court proceedings. The right pathway depends on the nature of your claim, the amount involved, and the basis for the denial. A specialist litigation lawyer can assess your position quickly and advise on the strongest approach.
How long do I have to dispute an insurance decision in Australia?
Time limits apply at each stage of an insurance dispute. For AFCA complaints, you generally have two years from receiving the insurer’s final decision on an internal dispute. For court proceedings, limitation periods under the relevant state legislation apply. Acting promptly is critical. If you are unsure whether your time has run, seek legal advice immediately.
What does bad faith mean in insurance disputes?
Insurers owe policyholders a duty of utmost good faith under the Insurance Contracts Act 1984 (Cth). A breach of this duty can occur where an insurer unreasonably delays a claim, denies a claim without proper investigation, or takes advantage of a policyholder’s inferior bargaining position. A breach of this duty can support a claim for damages beyond the policy amount in some circumstances.
Do I need a lawyer to dispute an insurance claim in Australia?
You are not required to use a lawyer to lodge a complaint with AFCA. However, for high-value or complex disputes, a specialist litigation lawyer can significantly improve your position. Insurers have experienced legal and claims teams. Having specialist legal advice from the outset ensures your dispute is framed correctly and that you do not inadvertently weaken your position.In the event that you require legal advice in respect of a creditor of a company that has gone into a form of insolvency administration, then we invite you to contact us. Our team of corporate insolvency lawyers at our Gold Coast and Brisbane offices can provide trusted insolvency advice and take steps to protect your interests.
What types of insurance disputes does Boyle Litigation handle?
We act in commercial and business insurance disputes across a wide range of policy types, including business interruption, professional indemnity, D&O liability, public liability, property and asset damage, construction and project insurance, and trade credit insurance. We focus on disputes with real financial stakes and do not act in low-value personal claims matters.
Can Boyle Litigation help if I have already lodged an AFCA complaint?
Yes. If your AFCA complaint is not progressing, if AFCA has made a decision you wish to challenge, or if your dispute falls outside AFCA’s jurisdiction, we can advise on the next steps. We regularly advise clients who have reached the end of the AFCA process and need to consider litigation or negotiated resolution.
Your dispute. Our battle.
Confidential advice. Decisive action. Direct access from day one.