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Driver-only quandary

QUESTION: Our client had taken out PMV policy and it was named driver only comprehensive policy. Named driver is under 25. Driver's uncle was driving the car who caused the accident. He is over 25 and has no previous cla...

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What is ‘gradual change’?

QUESTION: A client had a bird nest under some roof tiles which caused water to get into a lounge ceiling. The property is the insured's weekend home and the water damage to the ceiling was not found until the following weeken...

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Damage on location

QUESTION: We have a client who rented a home for a commercial shoot. The shoot was over two days, after the shoot the owner noticed several areas of damage after the shoot. The Insurer wants to apply a separate excess to eac...

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Supply of goods inclusion in PL

QUESTION: We have a client who was engaged to renovate a home. This involved replacing some flooring with secondhand tawa flooring to match existing. The flooring was purchased from a dealer but once laid and sanded back was...

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Tree trouble

QUESTION: A tree in a car park owned by a commercial landlord breaks in a weather event and damages a trailer parked in the car park and owned by the tenant to the building. The landlord wishes to make a claim for the...

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Careless car insurance client

QUESTION: A client lives in an upmarket suburb and their house is up a long driveway some 80m+ long and not visible from the street front. Our client was having a number of guests around and as a result left his keys in his...

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Theft or damage?

QUESTION: We have a client who has had two areas of netting damaged, one area slashed and cut, and another just further along has had a section slashed and cut out and the netting taken.  The netting is designed to stop...

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Cricketing quandary

QUESTION: A local cricket club was playing a game of cricket. A player during the game hit a ball, it cleared the boundary and hit a neighbouring property, causing damage. Under the Public Liability policy in place for the...

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Under the influence, or not?

QUESTION: A commercial client of mine has a Vehicle Fleet with approx 20 vehicles insured. In December 2020, one of their staff was driving home on a Friday evening, having stopped at a friends house for dinner and a few...

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Solar struggle

QUESTION The claimant was engaged by a TP to install a solar array on the roof of their home.  The insured is a solar installation company. The company made an inspection of the internal roof void but only identified...

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Tenant breaches warranty

QUESTION If a tenant breaches a warranty under a material damage policy which gives rise to a claim, will the landlords’ policy still respond? Providing that the landlord has provided the tenant with a copy of the...

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To bailee or not to bailee?

QUESTION My client runs a small self-storage facility, mainly made up of shipping containers. The terms and conditions of storage that he requires all clients to sign state: "The service provided to you, the storer,...

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Threshold for an interruption claim

Question. .. A motor vehicle dealership holds a BI policy and insures their full gross profit. The operative clause reads: ".....the insurer agrees to indemnify the insured for loss resulting from interruption to or...

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Dog on driveway

Question... Our insured was contracted to perform some plumbing work on a property. An employee of the insured elected to take their dog to work. The dog escaped and ran over a neighbour's property that was under...

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Insurers changing position

Question... We have had several instances recently where insurers have advised that a claim has been accepted, and we have notified our client, and then a little way down the track, they have reversed that decision, having...

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