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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An Enquiry into the construction industry is long overdue

An Enquiry into the construction industry is long overdue

The long list of failures to deliver safe buildings continues to grow following the fires in high rise buildings with non conforming building materials, the walkway collapse between the Alluvian building and West Australia Square in Perth and the severe cracking in several buildings in New South Wales. Add to this the ever increasing list of faulty products being imported into Australia including electrical wiring […]

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What will it take to make the Emergency Services Levy fair in NSW?

What will it take to make the Emergency Services Levy fair in NSW?

As many readers would appreciate, I have long been an advocate for the removal of emergency services levies on general insurance. Back in June 2012, I reported that the NSW Government was entering into a public discussion on the fairness or otherwise of having those prudent and risk averse to fund the majority of the fire services levy. A White Paper then came out from […]

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Architects, Surveyors’ & Similar Fees – what cover is being provided to an Insured?

Architects, Surveyors’ & Similar Fees – what cover is being provided to an Insured?

This question has been put to me by several of the LMI team who are being advised by loss adjusters that these fees are only in respect of the reinstatement. So, this then leads to the question of when does reinstatement commence and what does it include? Claims where this debate seems to be reoccurring is under the Industrial Special Risks (“ISR”) policy. The answer […]

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Back to basics – is lightning covered under the peril of storm and tempest?

Back to basics – is lightning covered under the peril of storm and tempest?

I post this article in response to a question put to me by an insurance broker whose client was hit with a higher deductible that applies to storm and tempest for a claim arising from a lightning strike. Well maybe, maybe not. Let us turn to a review of the history of fire and perils insurance coverage for the answer. On the one hand, I […]

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Buyer beware when it comes to XPS

Buyer beware when it comes to XPS

On Saturday when I made my weekly pilgrimage to the big box store hardware store I was horrified to see that they were selling an extruded polystyrene (“XPS”) insulation product that was recommended to be used under home flooring or in the ceiling space. I have not done any tests on the product but based on studies I have read and seen, in the event […]

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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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Not only high rises clad in combustible cladding

Not only high rises clad in combustible cladding

For quite sometime I have been raising concerns at the use of extruded polystyrene paneling in homes and low rise residential units and flats. As an example here is a post from 2013. I therefore read with interest an article from ABC news stating that there are hundreds of Australian homes covered in combustible cladding. My guess? The true number is in the thousands. The […]

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Why should NSW Insureds foot the majority of the bill for improvements in emergency services?

Why should NSW Insureds foot the majority of the bill for improvements in emergency services?

It is disappointing to me that at a time when insurance premiums are rising, and will no doubt rise further with the various natural catastrophes occurring around Australia, that the NSW government are seeking to increase the Emergency Services Levy on those that are prudent enough to Insure. The whole collection method is already a nightmare. Let me explain why. The NSW Government (Treasury) sets […]

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