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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 t...

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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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Forestry owner liability

Question: We have a client who owns a forestry block. During recent storm events, trees fell onto power lines, causing damage. My understanding is that in order to be legally liable, the trees need to have been found...

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Treatment of GST in claims settlement

Question: I am looking for an expert opinion on the correct treatment of GST in commercial marine claims settlements using the following as an example.  The insurer is Australian based and its transactions in New...

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Event definition in flood losses

Question: Hi, We have a client whose rental home suffered significant damage as a result of the Auckland floods. The tenants vacated the property immediately and the insurer/assessor arranged strip out of the property....

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Pet dog damage

Question: Just loading a new claim with an insurer for where a pet dog has damaged the client's glasses by chewing them. The policy notes the following regarding pet damage: “Household pets: we won’t...

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Contract works, excess payment and recovery

Question: We are seeing more and more construction contracts with high standard excesses [$100,000 plus] Who generally pays this excess or what mechanism is used to determine who pays it? This is particularly relevant...

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