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QUESTION:

Hello, I have had a client lodge a claim for frozen food that has defrosted in their freezer at home.

The insured advises that the freezer had power on, the light shows up so there hasn't been a power failure. However, something has happened to it, it's stopped freezing and the food has rotted on the inside.

The insurer has agreed to cover the food, but I am curious about the freezer itself.

Under the policy, there is no cover for the freezer arising from mechanical issues. Plus, theoretically, the freezer could be repaired if the issue was just this.

However, in this instance, the freezer is unhygienic, and cannot be reinstated. So, is there a reasonable argument here that the rotten food has caused resultant damage to the freezer and therefore, the insurer should replace it?


CROSSLEY GATES ANSWERS:

The damage to the food and the damage to the freezer, while both contents, must be addressed separately under the policy. As far as I am aware, no contents policy expressly covers damage consequential to damage to food.

Therefore, what was the proximate cause of the freezer failing? This needs to be determined before any coverage for it can be considered.



March 2023

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