Professional indemnity insurance is an essential safeguard for practitioners and businesses that provide expert advice or services. This type of insurance helps to protect professionals against legal costs and claims for damages from an act, omission, or breach of professional duty in the course of their work. For Australian professionals, where litigation is increasingly common, it's a pivotal component of risk management. - read more
Professional Indemnity Insurance (PII) remains one of the keystones of risk management for professionals across Australia. Yet, misconceptions and lack of awareness can lead to inadequate coverage, leaving individuals and businesses vulnerable in a litigious environment. - read more
Intellectual Property (IP) stands as one of the core components of any modern business, particularly for startups where innovation is often the primary competitive edge. Understanding and protecting IP is not just about safeguarding ideas; it's a critical aspect of maintaining a business's unique market position and its long-term viability. - read more
Starting a business is a thrilling venture, but it comes with its share of risks and uncertainties. One often underestimated aspect by many entrepreneurs is the need for adequate insurance, particularly, professional indemnity insurance. This type of insurance is crucial for protecting your start-up against potential financial liabilities resulting from errors, omissions, or professional negligence. - read more
Indemnity insurance may sound like complex legalese, but at its core, it's a straightforward and crucial protection for businesses of all types and sizes. Simply put, it's a form of insurance that shields a business from bearing the full brunt of financial losses due to lawsuits or claims made against it. - read more
Professional indemnity insurance is an essential safeguard for practitioners and businesses that provide expert advice or services. This type of insurance helps to protect professionals against legal costs and claims for damages from an act, omission, or breach of professional duty in the course of their work. For Australian professionals, where litigation is increasingly common, it's a pivotal component of risk management. - read more
The landscape of work is changing in Australia, with more individuals embracing the flexibility and autonomy that freelancing offers. A significant surge in the freelance economy is a testament to this shift, as a myriad of professionals, from writers and designers to IT consultants, choose to offer their services independently. The burgeoning freelance community contributes not only to innovation but also to the country's economic vibrancy. - read more
Intellectual Property (IP) stands as one of the core components of any modern business, particularly for startups where innovation is often the primary competitive edge. Understanding and protecting IP is not just about safeguarding ideas; it's a critical aspect of maintaining a business's unique market position and its long-term viability. - read more
Embarking on the entrepreneurial journey of running a small business comes with not only the thrill of potential success but also the specter of various risks. One of the most effective shields against the unforeseeable is small business insurance—a critical tool that safeguards your enterprise's financial health. In this section, we'll demystify the role insurance plays in protecting your small business and provide a brisk walkthrough of the different types of insurance options available. - read more
Starting a business is a thrilling venture, but it comes with its share of risks and uncertainties. One often underestimated aspect by many entrepreneurs is the need for adequate insurance, particularly, professional indemnity insurance. This type of insurance is crucial for protecting your start-up against potential financial liabilities resulting from errors, omissions, or professional negligence. - read more
In a recent adjudication, a property owner faced a coverage denial due to damage attributed to rodents, offering a revealing insight into insurance claim disputes.
When a strata property holder reported water damage from a damaged dishwasher hose, her insurance claim was thwarted by the involvement of rodents.
The issue arose when the claimant noticed a malfunction in her dishwasher as early as April of the previous year and filed a claim in September. However, Strata Community Insurance Agencies challenged the claim arguing that the damage might engage exclusions pertaining to rodent activity.
Central to this case was a tax invoice detailing observations from a visiting plumber. According to the original report, the plumber suspected damage caused by rodents chewing on the hose. Yet, the said invoice was later altered to omit this suspicion, raising further questions about motive and clarity.
Further dialogue between the plumber and the insurer's representative disclosed that changes to the invoice were requested by the policyholder. Additionally, alternative explanations surfaced, such as potential damage from consistent interaction of the hose with the access hole each time the machine was used. The plumber did not exclude the possibility of continuous friction contributing to the damage.
The insurance provider's expert, however, observed extensive damage on the hose but reported an absence of signs that typical wear and tear would leave. The expert concluded that the use of the dishwasher was unlikely to generate sufficient force to result in such severe damage. They further stated that the condition of the hose strongly indicated rodent activity as initially suggested by the plumber.
During the dispute resolution hearing, the Australian Financial Complaints Authority evaluated the matter. They acknowledged the customer's view disputing the expert judgment but emphasized her failure to present any compelling evidence to counter the presented arguments.
The authority, after reviewing the diverse perspectives and the expert observations, ruled in favor of accepting the view that rodents were probably the primary cause of the damage. While this event originally triggered policy coverage, the clauses excluding rodent damage ultimately prevailed to deny the claim.
Echoing this outcome, an ombudsman for the AFCA commented, “I am satisfied, without evidence to contrary, it is fair that the insurer be permitted to rely on the opinions provided by the appointed consultants.” This position emphasizes the criticality of providing concrete evidence when challenging an insurer's expert analysis.
This case serves as a compelling reminder for policyholders of the complexities and critical nuances involved in insurance claims, especially those involving ambiguous causes like rodent activity. It underscores the importance of detailed documentation and professional assessments when navigating through such disputes.
Published:Thursday, 7th Nov 2024 Source: Paige Estritori
In a recent adjudication, a property owner faced a coverage denial due to damage attributed to rodents, offering a revealing insight into insurance claim disputes. When a strata property holder reported water damage from a damaged dishwasher hose, her insurance claim was thwarted by the involvement of rodents. - read more
The landscape of financial services in Australia is facing challenges as recent disclosures highlight the magnitude of self-reported compliance breaches across industries. The Australian Securities and Investments Commission (ASIC) report for the last financial year has revealed that the insurance sector reported the second-highest number of breaches. - read more
The rapid increase in e-scooter usage across New South Wales has prompted renewed calls for improved insurance regulations to safeguard both riders and pedestrians. Genevieve Henderson, president of the Australian Lawyers Alliance NSW, is advocating for mandatory insurance policies that would cover private e-scooter owners and council-managed e-scooter sharing programs. - read more
Recent analysis reveals individual non-advised disability income insurance is leading the pack with a remarkable claims paid ratio of 113%. In stark contrast, individual policies acquired through personal advice boast a much lower ratio of 68%, as outlined by the latest prudential data. - read more
A recent decision has stirred considerable attention as an Australian Financial Complaints Authority (AFCA) ruling supported RAC Insurance's denial of a fire claim amidst significant controversy and debate. - read more
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