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We have a PI Insurance Claim Circa $800K where the Insurer…

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We have a PI...

We have a PI Insurance Claim Circa $800K where the Insurer is playing hard ball and not even accepting our offer to Audit the claim. What is the limit if we bring this to the Ombudmans Office for Arbitration and does the Insurer have to be a member of the Ombudsman Abitration scheme?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Vic

Lawyer's Assistant: Has anything been filed or reported?

Not to the Ombusdman

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My name is ***** ***** Run. Seems the options we have to draw the company out are Mediation, Ombudsman or Arbitration Process under the Policy T & C's. Trying to determine best way forward. Is mediation a necessary process before coming to Ombudsman or going to Arbitration?

Submitted: 1 month ago.Category: Australia Law
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Answered in 5 minutes by:
1/1/2018
Solicitor: John Melis, Lawyer replied 1 month ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,733
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will be with you shortly.

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Solicitor: John Melis, Lawyer replied 1 month ago

what is the monetary dispute in relation to?

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Customer reply replied 1 month ago
Claim on our PI Policy cover. Aprox $800K
Solicitor: John Melis, Lawyer replied 1 month ago

ok, would you like to talk on the phone about this issue.

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Customer reply replied 1 month ago
John easier for me on lap top at the moment. Just give me brief answers to each of my questions. Then I can decide how to go forward.
Solicitor: John Melis, Lawyer replied 1 month ago

at first instance I recommend that you bring the claim in the Magistrates Court to start with.

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Customer reply replied 1 month ago
We want to keep this out of court and limited to the 3 options I have listed
Customer reply replied 1 month ago
Are you receiving me?
Solicitor: John Melis, Lawyer replied 1 month ago

the best option out of what you a choosing is Arbitration.

however, if I am the other party, I will be pushing to bring into to the courts as then I could claim costs against you.

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Customer reply replied 1 month ago
is mediation a pre-requisite for Arbitration application? Also, what is $ limit of claim for Ombudsman office and cost of hearing if we choose to go there first?
Solicitor: John Melis, Lawyer replied 1 month ago

this will depend on the PI insurance policy

do you have a copy of the policy ?

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Customer reply replied 1 month ago
Are you receiving me?
Yes I have a copy of Policy which allows matter to be taken to Arbitration. I would like to go to Ombudsman first if they will hear a claim this size and have it referred to mediation to come to a negotiated setllement, if that could work work.
Solicitor: John Melis, Lawyer replied 1 month ago

its a long way to come to a resolution, why not communicate directly with the other party through lawyers as it will be resolved faster ?

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Customer reply replied 1 month ago
Just becomes far too expensive.
So even though the process is long my question is that a workable process, within the claim limits of Ombudsmans office?
Solicitor: John Melis, Lawyer replied 1 month ago

it can do this way, but the matter will still end up in the courts, as they courts are the only party that can issue a judgement settlement.

I recommend having a quick chat on the phone do I can detail the reasons why

Have a look at the special offer I sent you, it will be worth your while.

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Customer reply replied 1 month ago
Thanks John. Just give me confirmation on that limit. I will accept your offer for a call in the interim.
Solicitor: John Melis, Lawyer replied 1 month ago

there is no limit , it is open to the amount you file.

Please accept the call offer to talk.

have I answered your question today ?

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Customer reply replied 1 month ago

John - my mobile in car and wife has taken car to shops. So I'm stuck. Thanks for clarification on limit. Some moons ago Ombudsmans office told me limit was $500K I think I will give Insurer one more chance to mediate or at least audit our claim which they are refusing to do and if I fail there I will take it to Ombudsmans Office. Have a nice day. Regards ***********Mobile ****************

Solicitor: John Melis, Lawyer replied 1 month ago

Did I answer your questions today ?

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