QUESTION:
We have a client who has had two areas of netting damaged, one area slashed and cut, and another just further along has had a section slashed and cut out and the netting taken.
The netting is designed to stop golf balls from damaging vehicles and property near the fairway. The netting is 5m high and 200M in length and a section of 1.5 x 3 meters has been damaged/removed.
The netting removed has been roughly cut and along with the slashed area the police have noted it as willful damage. The club last year had another instance where the netting was slashed, the claim was accepted and paid out with the standard $500.00 excess applied.
The insurer has now noted this new damage as theft as the netting has been removed and wish to apply the $2500 excess for theft which is greater than the claim cost in total to repair the damaged section of fence.
So is the insurer right to impose the greater excess as the damaged netting was taken or can this reasonably be considered as willful/malicious damage?
Crossley Gates replies:
There has been a theft of the part of the netting removed and so the application of the excess for that peril seems correct.
Coverage under a policy can be very fact specific and small changes in the facts can make a difference.
