Liability in the event of unauthorized use

Putting my bush lawyer hat on (it’s a wig, with corks) I’d say if the use by unauthorised people is being ignored, then the pool isn’t “fully compliant”. Its insurance coverage applies to authorised users, not the general public.  If there was an accident, the body corporate – i.e. all owners – could find themselves directly liable for damages with no insurance coverage if it could be shown that they had knowingly breached their own rules.

I disagree with my cork endowed, wig-wearing justice. Insurance needs to be blanket coverage as there are just too many unforseens to be able to list each and all variations. Much like 3rd Party cover for your car. On that line, I imagine should an incident take place the insurer would likely pay out, and then might go seeing who they can get to pay for that payout. I’d assume that unless it’s specifically excluded in a policy that it is there-for included. And having needed to do that you can likely expect they will crank your policy price next year or exclude it going forward.

From QBE’s webpage: Liability insurance under your home policy protects you from liability if someone is accidentally injured in your home or if you or a family member accidentally injure someone outside your home under the contents cover. It also provides protection if you or a family member are liable for loss or damage to another person’s property. Ends.

I think it’s safe to assume (but do so at your risk) that you are covered for most things unless specifically excluded, self-caused, or covered by another policy such as worker’s comp for tradies etc. Unless the Crooks, Burglars and Intruders Assn have their own policy I think they too would be covered as they would likely say they were a visitor who just popped in to say hi before anything else took place. But that might then change should they be convicted of a crime, much like insurance drops cover for drunk drivers if convicted etc. Or they payout the cost incurred by the policy holder but then go gunning for repayment from the thief.