Disputed or Denied Insurance Claims: Your Rights and Options


When any property has been lost or damaged, one of the most stressful scenarios is having a claim in respect of that property disputed or denied by your Insurer. Disputed or denied insurance claims are situations where an insurance company refuses to pay out on a claim, either partially or fully. This can happen for a variety of reasons, from policy exclusions and insufficient documentation to perceived misrepresentations or disagreements over the extent of coverage.

Understanding how insurance companies handle disputed or denied claims can help you decide what to do if your claim is challenged.

Legal Protections under NSW Law

New South Wales offers robust legal protections to ensure that individuals are treated fairly by insurance providers. The Insurance Contracts Act 1984 (Cth) plays a crucial role in regulating insurance practices across New South Wales, under which insurance companies must act in good faith, and policyholders have rights to fair treatment.

If an insurance claim is denied, NSW law requires insurers to provide a clear explanation for the denial. Policyholders have the right to challenge this decision and can seek assistance from the Australian Financial Complaints Authority (AFCA) or  experienced legal practitioners like Maguire & McInerney, for mediation or to lodge a formal complaint.

Navigating Insurance Claims

Navigating insurance claims can be complex, especially when disputes arise. However there are a few things you can do to help ensure the best possible outcome:

Document Everything:

Keep detailed records of all communications with your insurance company, including emails, letters, and phone calls. This documentation can be crucial if you need to dispute a denial.

Understand Your Policy:

Try to read your insurance policy to understand what is covered, what might be excluded, and the process for filing a claim. Knowing the policy’s terms can help you avoid common pitfalls.

Seek Professional Advice:

Consider consulting with an insurance broker or legal expert, like the team at Maguire & McInerney, to get personalised advice. They can help you understand your rights and options under New South Wales law.

Submit a Strong Claim:

Ensure that your claim is complete and includes all necessary documentation. This can include expert reports, police reports, receipts, and any other relevant information to support your claim.

Insurance and the Law

Navigating the intricacies of insurance policies and claims can be daunting, particularly when disputes arise. This is where a solicitor experienced in Insurance Law can provide invaluable assistance. At Maguire & McInerney, our experienced team can help you interpret policy terms and conditions, ensuring that you fully understand your coverage and rights.

In cases where disputes arise with your insurance provider, having a knowledgeable legal team on your side can make a significant difference. Maguire & McInerney can represent you in negotiations or legal proceedings, advocating for your right to fair treatment and adequate coverage under your policy. Additionally, our team can assist with the appeals process if your claim is denied, ensuring that you have the best possible chance of a successful outcome.


Ensuring you have the right coverage and understanding your rights in the event of a disputed or denied insurance claim is essential for protecting your financial stability. Understanding the legal protections in place, documenting everything meticulously, and seeking professional advice can help you navigate the complexities of insurance in New South Wales with confidence.

If you need further assistance or legal advice on insurance matters, our team at Maguire & McInerney is here to help. Contact us today to schedule a consultation.