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leanne-jones, Barrister
Category: Law
Satisfied Customers: 183
Experience:  Barrister
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I have house insurance which provides cover for me if I have

Customer Question

I have house insurance which provides cover for me if I have an employment dispute. My insurer has referred me to a solicitor to get an opinion on an employment matter. I have asked for a reasonable adjustment at work since Feb 2012 and none has been made. I am disabled as I have ulcerative colitis and primary schlerosing cholangitis and am on my employers DDA list. The solicitor has provided an opinion that I have a greater than 51% chance of success on two counts. The potential award is estimated at between 6k to 18k. The solicitors costs are estimated at 13k plus vat. The solicitor has suggested that a commercial solution might be considered. The solicitor has submitted his opinion today to the insurer. At what stage might the insurer make an offer? Also what is the insurer likely to offer? From my point of view I would rather not go to court if I could reach an agreement with the insurer.
Submitted: 4 years ago.
Category: Law
Expert:  leanne-jones replied 4 years ago.
Hello - my name is Leanne and it will be my pleasure to assist you today.

What will happen is now that the merits are more than 51% is that your Solicitor will write to the Company concerned and say that they are in breach and you intend to take action.

The Company should then pass the letter to their insurers. At that point there will be negotiations between the parties which may take a few weeks. Clearly your claim is important and there are time limits that would apply. Therefore it is really impossible to say when any offer of settlement may take place.

Your Solicitor will say to the Company they have already taken advice and it has merits so that may mean that an offer is more forthcoming sooner rather than later. But it will be after any letter of claim has been sent. Indeed the company may deny liability and proceedings may be issued.

If that happens the matter may proceed to be litigated and it may not be until the day of trial that an offer may be made. So to be fair it is hard to say and it would be wrong of me to say it is at X stage or Y stage.

But it would certainly be after a letter of claim. but it could be quick or on the day of trial.

I am sorry that I can not got give you a more solid answer and my duty is to be honest, even if it is not what you want to hear.

Customer: replied 4 years ago.
What I am asking really is the insurer likely to make me an offer at this stage as opposed to paying a solicitor 13k to take the matter to court when the likely award is only going to be between 6k and 18k? I am under a huge amount of stress at work and at home and am not sure if I want to issue proceedings against my employer at this stage.
Expert:  leanne-jones replied 4 years ago.
If you have legal cover you wont have to pay anything yourself, your policy will cover that. But no, the insurer is not likely to make an offer at this stage - it is like a game of chess.

I am sorry I can not tell you otherwise.

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