#18916
Jimmy-T
Keymaster

    @kiwipaul said:
    The NSW Act dosn’t make it as clear as the QLD one does

    (3) A policy of insurance taken out under this section—
    (b) must provide for the reinstatement of property to its condition when new.

    This is from the QLD act but I believe it is universal throughout Oz.

    We have asked you many times on this website not to extrapolate Queensland law to apply to the rest of Australia.  In fact,  here you provide a very good example of how Queensland law differs from NSW law. 

    Your 3b states that: A policy of insurance … must provide for the reinstatement of property to its condition when new.

    In NSW the law says a damage policy is to provide for the repair of damage … so that the repaired or restored portion, is in a condition no worse or no less extensive than that portion or its condition when that portion was new.

    In other words, it shouldn’t be any worse that it was before it was damaged.

    This isn’t a case of the NSW law being less clear.  It simply allows for the repairs not to always return damaged property to ‘as new’ condition.

    But all that is beside the point.

    There is a definitive statement of what is covered by building insurances in NSW and what isn’t.

    Internal doors in NSW are not covered by strata building insurance UNLESS they are either defined as common property (unlikely) or damaged by an event that comes under the general remit of Owners Corporation responsibility.  

    That’s it. Enough said.  Let’s move on. 

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.