Large gum trees in residential areas pose a threat to life and property

Large gum trees in residential areas pose a threat to life and property

Like most people I am all for protecting the environment and greening our towns and cities but we do need to balance this with the risk to life and property. Today in much of South East Australia strong winds are again forecast. As a child growing up in Brisbane I always thought of August as Kite month. While the weather is great for kites it […]

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Beware harsh exclusions that turn the policy into junk insurance

Beware harsh exclusions that turn the policy into junk insurance

Over the past few years more and more claims have been brought to my attention where the client cannot believe that their claim has been denied. The cases that I refer to are ones where the claim has been denied for faulty workmanship, faulty design or faulty products/materials and there is no write back provision for subsequent damage to the property from a peril not […]

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Where insurance can appear unfair and not in the best interests of the consumer

Where insurance can appear unfair and not in the best interests of the consumer

There are a couple of areas of the law that can appear to be unfair to an insured. A recent case has highlighted one. In Globe Church Incorporated v Allianz Australia Insurance Limited & Anor [2019] NSWCA 27 Globe Church argued that time started to accrue when the ISR insurers breached their obligations under the policy by not indemnifying Globe Church and not from the […]

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The floods in Townsville should put an end to any talk of a mutual

The floods in Townsville should put an end to any talk of a mutual

Over the past couple of years there has been much talk of setting up a mutual to cover property risks in North Queensland. The reality is, had one been set up, this one event occurring in the first year of operation would have more than likely bankrupted the mutual and those that Insured through the mutual would have lost their premium and found themselves inadequately […]

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2 x Storm and tempest issues

2 x Storm and tempest issues

When I started in insurance, storm and tempest to fences was excluded property. This remains the case in many commercial policies although some have sub-limits. While stationed in Perth from mid-1990 to September 1991, one insurer started to offer storm and tempest cover to fencing. At the time, my thought was: do you know the pandora’s box you have just opened up? Yet the market […]

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LMI have activated our Catastrophe Response Plan

LMI have activated our Catastrophe Response Plan

In view of the number and severity of the storms that have hit so much of Australia over the past week or so, LMI have activated our Catastrophe Response plan to ensure that we maintain our high standard in assisting Insureds. Claims experts from other offices have gone to the aid of our team in Sydney following last night’s hail storm and we expect that […]

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