@kiwipaul said:
You misunderstand the concept of Strata Insurance because in Strata insurance their is no common property and lot property it’s just insured property and it’s irreverent whether it’s lot or common property.
I think we need to move on from this as it is becoming a pointless argument.
Insurance companies will do things that are not strictly in the terms of their policies because it is cheaper to pay a small amount than fight the issue in court. And sometimes they will do the opposite – it’s a purely businerss decision.
That’s why you can have a car accident that’s not your fault, the other person refuses to pay and your insurance pays up without it affecting your “no claims” (if you have a decent insurer).
The most important point in this, as Whale has said many times, is that just because the strata insurer refuses to pay, it doesn’t mean the OC isn’t liable – it just means they didn’t have insurance cover for that issue.