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…
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…
Honan’s Risksmart has been working with clients on risk management solutions for more than 10 years. During this time, we have built a public liability database with over 15,000 incidents and almost 4,000 claims; providing us with the framework to help our clients make informed decisions. Not only that, but over these 10 years, we have seen more than our…
Fence damage due to stormy weather is a common trigger for claims under a strata insurance policy. In the instance of a neighbouring tree falling onto your property and causing damage, most of us would assume the owner of the fallen tree would be responsible for the damage – but this is not always the case. Normally when the…
At Risksmart, we see many instances where the Insured’s unintended failure to meet the General Conditions of their Property Insurance policy means their claim is declined. To help avoid this situation, this article explains what some of these General Conditions in the policy wording are and steps through a case study to show how failure to meet Insurance General Conditions…
The following case study is for a cleaning company. Through expert negotiation, Risksmart reduced a $22,000 claim to a $1,750 settlement, even securing contribution from other non liable parties. The Facts: Risksmart acted as claims managers for a national cleaning contractor (‘our client’). A retired claimant brought a claim against our client after she allegedly slipped and fell on a…
Through expert negotiation, Risksmart reduced a $310,000 claim to a $40,000 settlement, saving our Client $270,000. The Facts: Risksmart recently acted for a client in a claim when a customer tripped and fell in the client’s carpark The claimant suffered bilateral shoulder tears requiring surgical repair as well as soft tissue damage to her neck. The claimant appointed legal…