Insurance Claims Litigation & Bad-Faith Defense

คดีเรียกร้องค่าสินไหมประกันภัย และการปฏิเสธการจ่ายโดยสุจริต · § Litigation
What to know before you act
When an insurer denies or underpays a claim, or a policyholder is sued and needs the insurer to defend, the issues are policy wording, exclusions, disclosure at inception and limitation periods. We read the whole policy, assemble loss evidence, file OIC mediation or OIC arbitration, and litigate when needed — for policyholders or insurers, never both in one matter.
Timing and external dependencies: Mediation is usually faster than court; duration depends on parties and court. Check limitation immediately.
Official fee: Court fees scale with claim value — confirm with the court; OIC mediation has its own cost rules.
Timing is not a promise of an outcome or hearing date. Check the notice, limitation period and current authority rules for your matter.
What to send for the first review
Send every relevant page, a dated sequence of events, any hearing or filing deadline, and the outcome you need. This lets counsel identify urgent steps, missing evidence and a precise scope of work.
- Policy + schedule + all endorsements + proposal form
- Notice of loss + adjuster report + salvage documentation
- Witness statements + expert opinion + CCTV/telematics
Legal Basis
Civil & Commercial Code §§ 861–897 · Road Victims Protection Act B.E. 2535 (compulsory motor) · Consumer Case Procedure Act B.E. 2551 (fast-track for retail policies) · Uberrimae Fidei · doctrine of subrogation · 2-year limitation (CCC §882).
📚 Official sources — check the current law and procedure before acting
- สำนักงานศาลยุติธรรม— Court of Justice
- สำนักงานคณะกรรมการกำกับและส่งเสริมการประกอบธุรกิจประกันภัย (คปภ.)— Office of Insurance Commission
- สำนักงานคณะกรรมการกฤษฎีกา — ตัวบทกฎหมายฉบับทางการ— Office of the Council of State
Who Needs This
Insurers defending claims, cedents, corporate insureds, TPAs, third-party claimants, subrogation recovery teams, marine surveyors, loss adjusters.
Required Documents
- Policy + schedule + all endorsements + proposal form
- Notice of loss + adjuster report + salvage documentation
- Witness statements + expert opinion + CCTV/telematics
- Medical report (life/health) + autopsy where applicable
- Police + fire investigation reports (property)
- Reinsurance claim advice + follow-actions record.
Common Pitfalls
- Letting limitation expire while waiting for the insurer
- Repairing property before the adjuster inspects
- Signing a partial-payment release without reading it
Typical Use-cases
- the statutory threshold fire claim · housekeeping warranty breach · defended · court awarded 40% ex-gratia only.
- Motor total loss · fraud ring · repudiated + criminal complaint · the statutory threshold portfolio protected.
- Life claim · cancer-history non-disclosure · Supreme Court affirmed denial · precedent set.
- Marine cargo · general average · subrogation vs carrier · recovered USD 2.1M.
FAQ
- Can the insurer void for non-disclosure of a prior condition?
- Possibly within the statutory period, depending on facts and insurer knowledge.
- Complain to the OIC before suing?
- Often helpful and low-cost, but watch that limitation keeps running.
- Do you guarantee full payment?
- No one can guarantee outcomes; we assess after reading the policy and evidence.
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Official sources — legal services
The information on this page follows the official sources below. Always check the latest version before you file.
- Office of the Judiciary— Office of the Judiciary
- Ministry of Justice— Ministry of Justice
- Lawyers Council of Thailand — Notarial Services Attorneys— Lawyers Council of Thailand
- Office of the Council of State — Thai law database— Office of the Council of State
- Royal Thai Government Gazette— Royal Thai Government Gazette
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Frequently asked questions
- Can a foreigner own 100% of a Thai company?
- Generally no for activities listed in the Foreign Business Act, where majority foreign ownership requires a Foreign Business Licence, a BOI promotion, or treaty rights such as the US–Thailand Treaty of Amity. Manufacturing and certain export activities are largely open, and BOI-promoted activities can permit full foreign ownership together with land-holding and visa privileges, so the right structure depends on the specific activity.
- What is the minimum registered capital for a Thai company?
- There is no general statutory minimum for a Thai-majority company, but practical thresholds apply: a fee quoted after review million of paid-up registered capital per foreign work permit, or a fee quoted after review million if the foreigner is married to a Thai national, and a fee quoted after review million per foreign shareholder for a Foreign Business Licence. Capital should therefore be planned around the visa and work-permit outcome you need, not the incorporation minimum.
- How long does company registration take?
- Registration at the Department of Business Development can be completed within one to three working days once the name reservation, shareholder documents and company objectives are ready, and the VAT registration and social security registration follow afterwards. The realistic end-to-end timeline including bank account opening is two to six weeks, with the bank account usually being the slowest step for foreign directors.
- What ongoing accounting obligations does a Thai company have?
- Every Thai company must keep statutory accounts, file monthly withholding tax (PND 1, 3, 53) and VAT (PP 30) returns by the middle of the following month, file the half-year corporate income tax return (PND 51) and the annual return (PND 50), and have its financial statements audited by a Thai CPA and filed with the DBD each year. Dormant companies are not exempt — nil returns and an audited statement are still required.






