Is backdating a letter legal?

Discussion in 'Legal Issues' started by Propin, 1st Apr, 2021.

Join Australia's most dynamic and respected property investment community
  1. Propin

    Propin Well-Known Member

    Joined:
    7th Mar, 2016
    Posts:
    3,690
    Location:
    Perth
    I will call them tomorrow. Why not? Put my dispute in dot point before I call
     
  2. Propin

    Propin Well-Known Member

    Joined:
    7th Mar, 2016
    Posts:
    3,690
    Location:
    Perth
    The first report inspection that went missing doesn’t say their is any issue with silicon failure around the bath. I have a copy, insurance company don’t. Second and third reports from same company say that it may have failed. Insurance company says they can’t take the first report that went missing into account.
     
  3. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,030
    Location:
    Brisbane
    Regardless of the outcome, I'd bring in the ombudsman. We were knocked back due to the "lack of maintenance" during a big "event" back in 2011(?).

    That's rubbish. We had days and days of rain coming downhill and our draining simply couldn't cope. Big insurer who covers floods were throwing money at my mother-in-law to shut her up, when her property actually hadn't been maintained, and she had curtains, carpets replaced due to water ingress due entirely to lack of maintenance. :mad:

    Meanwhile, we lived on bare concrete for months (including for my late father's wake - wasn't ideal) because we did the right thing and didn't push to have our claim dealt with because there were thousands in worse situations than ours.

    So, knocked us back on our claim because the water didn't "rise" and ruin our carpet. It couldn't drain away because there was just too much water everywhere and the drains weren't draining.

    Then they increased our premium from about $950 to $1,500. I took all our insurance away from them. What a joke.
     
    Redwing, luckyone and Propin like this.
  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,587
    Location:
    Sydney
    Sounds like you are not sure why they refused a claim. Silicone failure is maintenance. It is not insured. Leaks are generally uninsured. Loads of claims are rejected as they arent covered by the policy terms.

    A policy is a contract based on its terms. Dont assume damage is insured. What does the.policy define?

    Innundation is not often covered as it often relates to bad drainage not a insured event. Clear your drains and gutters?
     
    Joynz likes this.
  5. Propin

    Propin Well-Known Member

    Joined:
    7th Mar, 2016
    Posts:
    3,690
    Location:
    Perth
    It’s saying not covered as - not maintaining your home in good repair and condition.

    Which isn’t true.

    So I called insurance company, they may reopen the case after we smash out a wall and investigate further once we find the real reason.
     
  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,587
    Location:
    Sydney
    I would be reading the policy well and understanding what is and what is not covered under
    1. Building policy clauses and
    2. Contents policy clauses
    3. Accidental damage if this is a possibility
    as it relates to water escape, leaks and broken pipes.

    You want a evident reason why water escaped. I had that. It was my own fault. I broke a PVC pipe (floor trap with calcium buildup I was too aggressive with) which took days to fill then overflow downstairs. They accepted I had damaged the pipe and I had accidental damage as a building & contents option (otherwise not covered). Showed them the pipe and the break/hole I created. Covered. For the pipe replacement (only) minus excess which was under waterproofing but the plumber had access under the floor and preserved the floor (took him hours to gently remove the pipe). But the asessor created a second claim for the water damage to ceiling etc. That hole had to be left open for the assessor to come out. They covered gyprock and repaint less excess #2.

    Stop work, take good images and get plumbers opinion in writing and retain any parts that show damage / break etc that support plumbers opinion. Lodge claim / reopen. Seek (phone) approval to proceed if urgent repairs required. Urgent doesnt mean gyprock hole. It means pipes etc affecting use of premises. Insurers like to have a say in minimising cost and can deny claims that dont follow their rules
     
    Redwing likes this.
  7. Propin

    Propin Well-Known Member

    Joined:
    7th Mar, 2016
    Posts:
    3,690
    Location:
    Perth
    Thanks @Paul@PFI.

    Really great tips! Will do that and study all my policies!