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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 w...

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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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Backtracking on settlement

Question... We have a claim ongoing at the moment where an insurer has backtracked on their settlement offer and refusing to honour what they originally offered. A client's TV was damaged and a claim was lodged and...

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What’s the impact of a road closure?

Question: We have a client with the following clause on their B.I. policy CLOSURE OF TRANSPORT ROUTES, PORTS OR AIRPORTS: You are insured for business interruption resulting directly from: 1. property...

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When should policy wordings be issued?

Question: Once policy wordings have been issued to a client at (or before) the inception of the policies, is there a generally accepted frequency of how often they need to be re-issued? Is there a requirement at every...

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Service and repair obligations

Question: We recently had a claim declined under service and repair due to our clients' terms and conditions. The insurer has paid previous service and repair claims for this client and they have said the policy would...

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What’s the third-party liability?

Question: An insured person was driving vehicle to a mountain in early morning. An oncoming runner caused them to pull out slightly on the road and they hit black ice ± the vehicle fishtailed and went through a fence on...

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Insured twice

Question: We have a MVI policy that has just entered its third year, and the customer has paid in full on three invoices. My customer has realised they are insured elsewhere also since inception and requesting to stay with the...

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Should the client have googled?

Question: We have a client (a builder) who lifted up a granite benchtop by a few inches from one end to allow for some adjustments to be made to the cabinetry it was sitting on. It then cracked right through the centre and has...

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Tenants and carpet

Question... A tap was left on in a commercial building. Flooding caused saturated carpets and damage to walls and skirting boards. The LA is suggesting split the cost 50/50 as the tenant is responsible for the carpet per...

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Loss of warranty

Question... We have a claim with significant damage, but not yet looking like a total loss, on a six-month-old digger. While the repairs are being undertaken by the official manufacturer, they are saying that the repairs will...