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Any Legal Expert for Building Insurance Claim?

Discussion in 'Legal Issues' started by kimbo, 22nd Nov, 2016.

  1. kimbo

    kimbo Member

    Joined:
    23rd Oct, 2016
    Posts:
    23
    Location:
    Sydney
    Hi

    Just putting this out to the forum to see if anyone knows or has dealt with insurance claim.

    I had an incident over the weekend where a known local arsonist set fire to my back fence that resulted in extensive damage to the fence and part of the house itself. Assessor has come out and claim that the retaining wall that was burnt (wooden/log beams) may not be covered. Assessor was certainly sure that the garden is not covered - matured plants that we had painstakingly nurtured the last 10 years.

    Anyone has any knowledge / experience in this matter? Advice will be much appreciated
     
  2. Perhaps a lawyer to advise on the policy wording ? Policy wording defines insured events and property insured too. Is the policy for building, contents, landlord or strata ? Each insurer may vary policy wording for state and also time to time.

    eg A building policy may not cover some landscape items. A contents policy may. I noted one of our policies only covered plants if the whole property is lost and a additional landscape benefit is given.

    eg NRMA (NSW) Building policy does not cover scorching damage unless the building itself caught fire. Malicious damage is excluded. The scorching rule could be a issue in bushfire prone land.

    https://www.nrma.com.au/sites/nrma/...klets/home_buildings_kfs_0814_nsw_act_tas.pdf
     
    Last edited: 22nd Nov, 2016
    Perthguy likes this.
  3. Hosko

    Hosko Active Member

    Joined:
    21st Jun, 2015
    Posts:
    41
    Location:
    Victoria
    Hey Kimbo,
    Have you had a look at your policy for specifics? What does it say? Your post states that the assessor indicated that it "May not be covered", this isn't definitive to me so get on the front foot and have a look at your policy to get your ducks in a row.
    As Paul indicates most policies have their individual intricacies and can vary slightly as to what is covered or insurable.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    7,518
    Location:
    Sydney or NSW or Australia
    @kimbo - dig out a copy of your PDS which was sent with the last renewal notice or download it.
     
  5. kimbo

    kimbo Member

    Joined:
    23rd Oct, 2016
    Posts:
    23
    Location:
    Sydney
    Thanks.