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Property damage problem

QUESTION Hi team, In the past, we have had claims declined because the allegation against our client didn't include actual property damage (even though there may have been some). This time, a claim has been declined b...

A Year in Review

Tenant cracks stove top

QUESTION Hi Team, I have had a client who is renting a property. A pot was dropped on the ceramic stove top leading to a chip. This has now grown into a crack and the landlord would like the top replaced. The landl...

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Subsidence dispute

QUESTION Hi, The insuring clause of a policy covers any unforeseen and sudden physical loss or damage caused by; (f) subsidence, landslip, rockslide or any other movement. The same policy excludes - loss or ...

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Body corp bother

QUESTION Hi Crossley, In respect of a body corporate, are we required to ask each unit owner whether they have adverse history to declare, as they are effectively an interested party of the body corporate, rather than the...

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Can a driver force another to claim?

QUESTION Hello Two vehicles are involved in a motor accident.  Insured 1 was reversing their vehicle and hit a parked and unoccupied vehicle belonging to Insured 2. Both vehicle owners have fully comprehensive...

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Hose clamp causes chaos

QUESTION... A client had a hose clamp come off an air hose causing the trailer to lose air pressure and the brakes to jam on causing the tyres to lock up and creating flat spots - 12 tyres were damaged. The relevant section of...

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Is a sea wall a retaining wall?

QUESTION... Hi, I have a question from a client that has left me stumped! They have a sea wall - rocks piled in front of their property to keep soil back from the beach and stop the tidal action of waves from eroding the...

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Vehicle stolen on the job

QUESTION... Hi all, Would love your thoughts on a current claim we have had a declinature on. Our client has arrived at their work site where they have parked across the driveway due to a Ute and trailer being parked in...

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Is driveway road insured?

QUESTION... Hello At the end of a public road there is a tar-sealed road that winds up a hill and allows access to half a dozen homes. This road is named and appears on Google Maps. The six properties each have their own...

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Defence costs cover query

Question: We have a client, a builder, who was joined to a legal case where it was ultimately found that the damage was due to incorrect engineering calculations that caused a property's foundations to slump.  Our...

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