Latest Articles

IBANZ Forum

Wear and tear

Question... My client has a motor vehicle accident whilst towing a trailer where he lost control and spun off the road. The insurer accepted the claim but disputes some of the damage advising it is general wear and tear (this inv...

IBANZ Forum

Run-off cover

Question... I am having discussions with an insurer at the moment regarding run-off cover for public liability (PL) insurance. Not for the first time, I have been advised that run-off cover is not required for PL insurance as it ...

IBANZ Forum

Tenant damage

Question... I'm dealing with a material damage policy, taken out by the insured, a property owner. The insured©s tenant runs a backpacking business from the building. The tenant allowed one of their staff members to...

IBANZ Forum

Carpet damage

Question... Our client purchased a contract works insurance policy for a 12-month period to cover some major alterations they were doing in their home. Included in the contract works policy was cover for the existing structure....

IBANZ Forum

Ex-gratia payments and third parties

Question... In a situation where an insurer makes an ex-gratia payment to their client under a material damage policy, does the insurer still obtain the right to subrogated recoveries against a liable third party?...

IBANZ Forum

Partial replacement

Question... Our client has had one rim damaged after a stone was lodged between the brake calipers and the rim. The client has not been able to buy the same rim as they have been discontinued so has had to purchase a brand new...

Opinion

What happens if you change your mind?

Can an insurance broker renege on a proposed underwriting agency relationship...

Entering into a business relationship with another party can be complicated; many issues need to be discussed and agreed to. The parties need to be free to negotiate without commitment until they reach substantial agreement. Once they...

IFSO Case Study

Family fallout

A family trust owned a house.   The trustee of the trust was a trustee company. The directors were a couple and the woman’s mother. The trustee company arranged insurance for the house through its financial...

IFSO Case Study

Trust trouble

In June 2017, the insured, trustee of a trust, telephoned the insurer to arrange cover for a planned renovation of a house, including removing and replacing the roof.   He was told there would be no cover for damage...

IFSO Case Study

What does it take to prove a prima facie claim?

Twenty-four years of insurance complaints reveal the prima facie claim is still a mystery to many clients, and the Latin probably doesn’t help.  A prima facie claim is what the insured must prove in the first instance - that...

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