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 defence but their continuing obfuscation has been to tell the court that the claim should be dealt with as per an arbitration clause in our contract, which I paste below.
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 months of the dispute arising, to an arbitrator, appointed jointly to you and us in agreement, or failing agreement, appointed by the President of the Law Society of Ireland and the decision of such arbitrator shall be final and binding on both parties. If the dispute has not been referred to arbitration within the aforesaid twelve month period, then the claim shall be deemed to have been abandoned and not recoverable thereafter.
I told the court about this "final settlement agreement" effectivly nullifying this clause as
per "in default of agreement" but I must not be getting my point across as the Aviva counsel continue with their arbitration obfuscation.
So that got me thinking - how many insurance settlement agreements are out there which did not satisfy the final bill for repairs or renewals ? Certainly I ended up in rental property for 16 months because the tradesmen were not available to complete the repairs and that cost was not in part of my final settlement calculation. Anyone got any comments ?
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 fairness when particular circumstances necessitate a "conditional discharge subject to final adjustment."
'
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 months of the dispute arising, to an arbitrator, appointed jointly to you and us in agreement, or failing agreement, appointed by the President of the Law Society of Ireland and the decision of such arbitrator shall be final and binding on both parties. If the dispute has not been referred to arbitration within the aforesaid twelve month period, then the claim shall be deemed to have been abandoned and not recoverable thereafter.
I am a consumer and interpreted the clause literally.
The loss adjuster and I negotiated the single 'claim and the amount to be paid' as a single sum - no talk of staged payments, supporting invoices and receipts, or retention - not in the policy contract or subsequent settlement agreement.
My thinking is stuck with the crux of the matter: ie the line ' in default of an agreement'
As I read the clause, the fact that there was a "Settlement Agreement' nullifies the ability of either Aviva or myself going to arbitration 'in respect of a claim or the amount to be paid' under the above arbitration clause.
Can you give me your interpretation ?
I have never been sent a discharge form.
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