HM&P provides litigation services in the field of insurance

The development of the insurance market in Vietnam has led to an increase in disputes related to insurance contracts. The main reason comes from the highly specialized characteristics of the insurance sector, while contracts often have a long structure, containing many complex terms and terms, leading to differences in understanding and application between insurance buyers and insurers. In addition to disputes over the value of compensation, many other specific disputes also often arise such as: exclusion clauses, insurance events, insurance coverage, termination/cancellation of contracts, etc. When the parties cannot settle by negotiation, the use of procedural mechanisms becomes an inevitable option to protect legitimate rights and interests. Therefore, HM&P Law Firm ("HM&P") officially provides litigation services in the field of insurance, with the orientation of supporting clients to approach disputes in a methodical, strategic manner and in accordance with the legal characteristics of each type of insurance.

HM&P's insurance litigation services

Based on the practice of insurance dispute resolution in Vietnam, HM&P provides litigation services with a comprehensive range of support, focusing on the following dispute groups and legal issues:

• Disputes over insurance payment obligations: Includes cases where the insurer refuses to pay, delays payment, or pays insufficiently compared to insurance benefits.
• Disputes over coverage and exclusion clauses: Arising from different interpretations of contract clauses, especially exclusion clauses.
• Disputes related to the validity of insurance contracts: Includes issues related to the conclusion of contracts, obligations to provide information, or grounds for invalidating contracts.
• Disputes arising during the performance or termination of the contract: Such as unilateral termination of the contract, breach of contractual obligations or determination of insurance events.

Partner Nguyen Ngoc Tra My commented: "HM&P not only participates in dispute resolution at the litigation stage but also supports clients throughout the process of preparing and implementing cases."

Scope of HM&P service implementation

On the basis of the dispute resolution strategy that has been developed, HM&P directly implements the necessary legal activities to ensure that the handling of cases is carried out in a consistent, oriented manner and in accordance with the goal of protecting the interests of clients. The work carried out is not discrete but is designed according to an overall roadmap, associated with each stage of the dispute resolution process.

• Review and analyze insurance contracts and related documents, in order to clearly identify the rights and obligations of the parties as well as the key legal issues of the case;
• Evaluate the legal basis and possibility of disputes arising, thereby proposing a handling plan in accordance with the client's objectives and interests;
• Collect, systematize and evaluate evidence, ensuring that the preparation of dossiers is carried out fully, oriented and in accordance with the dispute resolution strategy;
• Draft lawsuit dossiers, opinion presentations and necessary procedural documents, ensuring accuracy, consistency and compliance with legal provisions;
• Represent clients to work and negotiate with relevant parties, in order to find appropriate solutions before or parallel with the proceedings;
• Represent to participate in proceedings at Courts or Commercial Arbitration, protecting the legitimate rights and interests of clients during the dispute settlement process;
• Assist in monitoring and implementing procedures for enforcing effective judgments or decisions, ensuring that the interests of clients are enforced in practice.

Differences in HM&P's approach to insurance disputes

Compared to the traditional approach that focuses on dispute resolution in individual litigation steps, HM&P orients insurance dispute resolution according to an overall strategic model, with the following differences:

• Comprehensive analysis of the case file: Review the insurance contract, related documents and actual developments to determine the legal nature of the dispute.
• Assess the risks and legal position of the parties: Identify the strengths and weaknesses in the argument, thereby developing an appropriate handling plan.
• Propose a dispute resolution method: Choose between negotiation, mediation or lawsuit depending on the client's goals and interests.
• Develop a consistent procedural strategy: Prepare legal arguments, orient evidence and plan to protect interests throughout the settlement process.

With practical experience in the field of dispute resolution and understanding of the specifics of insurance business law, HM&P not only assists clients in handling disputes that have arisen but also accompanies in building appropriate approaches to control legal risks effectively and sustainably. On the basis of a combination of strategic thinking and litigation experience, HM&P aims to provide highly feasible legal solutions while minimizing the impact of disputes on clients' operations, thereby maximizing the protection of legal rights and interests in each specific case.

For more information about our services, please contact:

HM&P Law Firm

• Address: 7th Floor, ITAXA Building, 126 Nguyen Thi Minh Khai, Xuan Hoa Ward, HCMC
• Phone: +84 28 73080839
• Email: counsel@hmplaw.vn
• Website: https://hmplaw.vn/

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