Typically, the statute of limitation means there is a window of time for a plaintiff to lodge a claim after an incident occurs. The recent decision of Ali v Insurance Australia Limited examined this issue, looking at the date at which a statute of limitation began in relation to a policyholder’s previously denied claim on a home and contents insurance…
It’s fair to say that no one wants to lodge an insurance claim, especially when it’s triggered by an inconvenient or even life-changing event. We sometimes hear clients say they’re worried the claims process will ‘take forever’ and that dealing with insurance companies can be difficult. To make this a smooth process for everyone involved, here are our tips for…
Part of our service at Risksmart is to help ensure our clients obtain the best possible outcome in the event a personal injury claim is made against them. When a claim is lodged with us, we investigate to assess liability and the total amount (quantum) of the claim. If we conclude there is liability exposure, we progress the claim to…
When a valid Insurance claim is relatively simple and all relevant information is provided, it can be settled and closed quickly. Unfortunately, not all claims are straightforward, and both the broker and insurer are limited to the information received from the insured. When a claim is declined, the insured can appeal the decision via the insurer’s claim dispute resolution process.…
Our thoughts are with everyone impacted by the severe weather across the country right now. We understand that as a property owner, protecting what is valuable to you is vital. To limit further damage, here are some actions to help you secure your property*. Tips to minimise losses if your property has been damaged In the aftermath of flooding, we…
Section 5 (1AA) of the Limitations of Actions Act 1958 (VIC) (the Act) clearly states that “actions for damages in respect of personal injuries must not be brought after the expiration of 3 years from the date on which the cause of action occurred”. From this, it seems reasonable to conclude it’s too late for someone to commence proceedings 3+…
Lloyd’s of London v Dhillon Scaffolding Pty Ltd [2022] VSCA 92: A decision by the Supreme Court of Victoria leaves businesses without cover after reasonable safety precautions were not taken, highlighting the importance of “General Conditions Clauses” in a policy. In this article, we discuss the Court’s decision and explain the importance of the proper drafting and interpretation of a…
Insurance policies for strata developments generally include coverage for reinstatement or replacement of the building and common property in the event of a claim. Generally, risks covered under these policies are for accidental damage from events such as impact or a storm. What lot owners and some strata managers may not know is that many strata policies offer special or…
At Risksmart, part of the service we provide involves assessing compensation for personal injury matters, especially for injuries suffered in public places controlled by shopping facilities. Each state and territory have different laws for calculating damages. To assist, this article unpacks how a claimant’s entitlement to compensation is assessed, depending on their location. WHAT ARE GENERAL DAMAGES? General damages are…
With many regions of the country experiencing higher than average rainfall, mould outbreaks are becoming more common in properties. For rental accommodation, the questions of “who is responsible for the mould – the landlord or tenant?” and “will the policy respond if I make a claim?” are common ones. This article addresses these in turn. Who is responsible? First…