When to appoint a claims preparer? The earlier the better

When to appoint a claims preparer? The earlier the better

After handling claims as a claims preparer now for over 20 years full time one bit of advice above all others stands out. That is that the earlier a competent expert is appointed to assist the Insured mitigate their loss and quantify and present their claim, the better. So often, we are only engaged many months after the event, often when the Indemnity Period has […]

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Charges on top of charges when it comes to ESL

Charges on top of charges when it comes to ESL

As readers will know I have been quite vocal regarding the New South Wales government’s decision to renege on their commitment to remove the Emergency Service’s Levy from insurance. With the fire services, many of us think that anyone paying the emergency services levy receives the services of the fire brigades for free. This is not the case. If the site contains toxic chemicals or […]

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Have we learned anything in claims from the Royal Commission?

Have we learned anything in claims from the Royal Commission?

The Royal Commission really brought out a few reoccurring themes. One was all about culture, a second about failure to act in good faith and third considering the customer experience. Linked to this are two issues that keeps popping up, and I have written on both before. The first is certainty of contract and the second is treating the insured fairly. Earlier this week I […]

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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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Domestic Boiler v Commercial Boiler

Domestic Boiler v Commercial Boiler

Following on from my post yesterday, I received a question asking how would a commercial premises ever have a boiler for domestic purposes? The reality is, exactly the same boiler could be used for commercial purposes in one business and only be used for domestic purposes in another. When it comes to insurance, a boiler, say a hot water system or a coffee machine that […]

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More on the composite cladding issue

More on the composite cladding issue

One of the biggest issues facing the construction and insurance industries of late has been the use of composite paneling. Of course linked to this is the number of fires involving extruded polystyrene “XPS” in cool rooms. I am anxious to learn as much as I can about the issues as is Steve Manning and we acknowledge those that are assisting us including AXA UK […]

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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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Has a precedent been set that will allow others to seek recovery due to non-conforming building materials?

Has a precedent been set that will allow others to seek recovery due to non-conforming building materials?

It was reported in The Age today that builders LU Simon have been ordered to pay $5.748m to the 211 applicants in the case of the fire at the Lacrosse building in Melbourne’s Docklands following a fire in 2014 that was fueled by combustible cladding. However, it has also been reported that while LU Simon will have to pay the initial sum, other respondents in the case […]

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Yet another fire at a recycle centre while millions collected in taxes

Yet another fire at a recycle centre while millions collected in taxes

A metal recycle premises in Garbutt Queensland is the latest recycle company to have a fire. For a full list of the fires in this industry that occurred last year, please go to this post. Meanwhile Local councils across Melbourne are facing the growing prospect of having to dump tonnes of household recyclable material in landfill after the environment watchdog ordered a major recycling company […]

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Composite Cladding – An update

Composite Cladding – An update

Today the Victorian Building Authority was informed that CertMark International (“CMI”), a product certification body under the CodeMark Scheme, has withdrawn nine certificates for cladding systems, including aluminium composite panels (ACP) and expanded polystyrene (EPS). The nine withdrawn certificates are: CM40029 Ozone Panel Building Systems CM40066 Alpolic A2 CM40067 Alpolic FR CM40076 Ultrabond FR CM40079 Vitrabond FR CM40082 Dulux Exsulite TM Kooltherm Façade System CM40093 […]

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