#24653
Jimmy-T
Keymaster
Chat-starter

    @Austman said:

    By all means challenge something in the tribunals and courts.  But do a bit of research about tort law in Australia.  The insurance companies know that law extremely well and have done their assessments.  They make mistakes sure.  But if they have it right, the same law and circumstances will apply for any claim Keep Calm makes directly against the OC.

    Sorry, but I believe this is just wrong.  Insurance policies are NOT the law.

    Insurance policies are a contract that says the insurer will pay the insured compensation by a certain amount under certain circumstances. They can include any exclusions that the insurer and insured agree upon.

    For instance, you could insure your garden but the insurer could say they won’t cover injuries caused by loose pavers.  Does that mean you can’t be sued if someone trips over a loose paver?  Obviously not – it just means your insurer hasn’t covered you and the compensation has to come out of your own pocket.

    In the case of the guttering, the insurer has decided that the damage was not covered by the terms of the policy.  That’s fine and may be absolutely legitimate under the terms of the policy but it doesn’t mean the law says there is no responsibility on the owner of the guttering for the damage caused – it just means the Owners Corp wasn’t covered for this incident.

    Many insurance companies refuse to cover Owners Corporations for defamation and libel.  Does that mean the Owners Corp has no responsibility if they defame or libel someone?  Obviously not.

    Yes, insurance companies make mistakes and some also occasionally try to wriggle out of their contract responsibilities.  But their decisions are not the law.

    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.