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Hello Leo, I was not specific enough in my first post. The information that i have is regarding a “PRE-DISPUTE CONSUMER ARBITRATION CLAUSE” in a standard home insurance contract, and the Civil Law view thereof, that such a clause is one sided and contrary to the general concept of Good Faith...

I am a consumer. The home policy and contents cover contains a pre-dispute arbitration clause. Is the arbitration clause enforceable under EC (Unfair Terms in Consumer Contracts) Regulations 1995 ? Is there case law available for this situation ? I am in Ireland

Direct devil - Thankyou and please bear with me: The actual Aviva clause is repeated below: reproduced exactly as formatted in the policy. Any dispute between you and us on our liability, in respect of a claim or the amount to be paid shall, in default of agreement, be referred within twelve...

DirectDevil - what does OP stand for ? The settlement agreement was a "complete discharge" - stated in the settlement agreement text. Is the clause AS QUOTED an absolute condition of the contract ? I have never heard of insurance settlement agreements being re-negotiated. But I can see the...

Jim Stafford - can you explain ? " If you are the plaintiff then you are in the driving seat. " " Without Prejudice discussions can be a useful way to tease out what possible defences the defendants have. "

to jim2007 and all. Thankyou for the responses. I mentioned the High Court case and its outcome to support my status as not being afraid to go to the High Court if necessary. However that case is not what I am posting about in this thread. This thread is about an Arbitration clause in a...

I am not an expert in legal costs but I think all I could do would be to sue for damages. Try finding a 'no foal. no fee' team to stand up to one of their own ! My opinion is that the irish lay litigant costs legislation is retarded as compared to our international peers ie UK, Canada etc . I...

Hi Renter45, the arbitration clause in the original contract is designed to facilitate binding arbitration in the event the insured and the insurer cannot agree to a settlement figure. It is industrywide policy that settlements are in 'full and final settlement ' for the loss suffered. In my...

Competent solicitors are not readily identifiable when you are outside of the professional arena. The amount is not disputed, in fact nothing is disputed as their legal team simply refuse to file a defence. Over the years no mention was ever made of arbitration until they found themselves in...

Hi All, I am trying to get my head around this one. Years ago I settled with Aviva for a storm damage claim and they paid out c.80% of the settlement amount. They have frustrated me for years about the remainder so I started a civil action. Aviva have simply ignored me and refuse to provide a...