Strata Insurance

What do we need to tell our Insurer? ... (and what happens if we don't?)

All insurance contracts have a duty of disclosure whereby the insured party must tell the insurer all relevant information before entering in to the policy and also during the course of the policy period.

Strata Insurance - Strata Managing Agents' Engagement of Insurance Brokers

This fact sheet provides guidance in relation to the appointment by a strata managing agent of an insurance broker on behalf of one or more owners corporation clients. This assumes the following typical scenario:

Proximate Cause - The Wayne Tank Principle and The Three Little Pigs

You may have recently seen in the papers that building in Lidcombe where the roof blew off in January and the owners found themselves in the situation with a strata policy which covers storm damage but excludes poor design and construction. After initially appearing to be covered the claim was later denied.

Insurer's Recovery Action Depends on the Policy Wording

The New South Wales Supreme Court recently confirmed that an insurer's right to subrogation and recovery under its policy arises from the conduct of particular parties in particular circumstances.

Don't Blame it on the Rain: 5 Point Action Plan for Building Water Penetration

The recent deluge has provided a serious water resistance test for strata and other buildings. Many buildings have failed that test, with serious water penetration issues being identified and water damage being sustained. Some things for property owners to consider:

Adjusting Managing Agent's Fees for Lost Insurance Commissions

It has become common for strata managing agents to receive commissions from insurers in relation to insurance business written on behalf of their owners corporation clients. In fact, most strata managing agents are operating on very tight margins and many are dependent on receipt of such commissions for their businesses to be viable.

Safety Reports in Strata Schemes and Occupiers Liability

Regrettably, it is common for people to sustain injuries while on the common property of strata buildings and those injuries frequently lead to personal injury claims.

Contributory Negligence In "Slip And Fall" Cases - No Control Over The Plaintiff's Own Action Or Inaction?

Unfortunately, people slipping (or tripping) and falling is a fairly common occurrence on common property of residential and commercial premises.

Burst Pipes and Strata Insurance

A common claim under owners corporation’s building insurance policies relates to losses arising from burst pipes.

Usual uninsured losses

Generally speaking losses from the following are not covered:

Recovering Legal Defence Costs

Introduction

  1. The recovery of legal defence costs is something that is often overlooked because of the emphasis on dealing with the claim or defence rather than what happens afterwards. The right to recover costs arises when an insured (who is covered) wins its defence and the other party is ordered to pay its costs.

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