Financial Advice

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Covered by the EQC?

QUESTION The local hospice has a stand-alone dwelling on the grounds of the hospice which is used by relatives of patients for short-term stays. Multiple parties use the dwelling over the course of the year and for some periods ...

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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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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, ...

IFSO Case Study

Covid travel dispute settled

In January 2020, Mr B arranged cover for a trip to Bali, between 5 April 2020 and 17 April 2020.  In February 2020, Mr B cancelled the trip, due to the outbreak of Covid-19.  Mr B made a claim to the insurer for...

IFSO Case Study

Storm claim upheld

Mr and Mrs A had cover for their house with the insurer. In January 2018, a significant storm event caused damage to the house. A couple of weeks later, a toilet at the house overflowed, associated with the cleaning of the septic tank...

FSCL Case Study

Cancer not a pre-existing condition

A woman had suffered from indigestion for years and had, from time to time, taken prescription medication to relieve the symptoms. In November 2019, she went to her doctor because she was experiencing heartburn and pain on her...

FSCL Case Study

Insurer wins out on handbag dispute

A couple were travelling by train through Europe. In a crowded train station, they needed to transfer trains and the woman accidentally left her handbag on the luggage rack. They did not realise she had lost her handbag until they...

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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...

FSCL Case Study

Value for money?

The insured bought his first car from a motor vehicle dealer for $8500. The dealer, acting as a agent for the lender, arranged the loan and included both mechanical breakdown insurance and guaranteed asset protection insurance without...

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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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