For the past 10 years, Mrs Kafoops resided at 10 Brown Street, Greenwood. Her home and contents were insured under a Defined Events policy with ABC Insurance Company (ABC).
On 2 October 2015 Mrs Kafoops sold her house to Mr Jones with settlement occurring on 30 October 2015.
On 20 October 2015 a storm event occurred in the suburb of Greenwood. A large tree growing in the front yard fell on the house and caused significant structural damage to the roof.
Mrs Kafoops vacated the house before the storm but was notified of the damage by her former neighbours. She reported the damage to ABC and you were appointed to assess the claim. At that stage, you were aware that the house had been sold however you did not know the name of the purchaser.
In good faith, you arranged for a repairer to remove parts of the fallen tree sufficient to allow a tarpaulin to be placed over the roof to prevent further rain water ingress (loss mitigation).
Before settlement you established that Mr Jones had purchased the house and that he had taken out a Defined Events policy with XYZ Insurance Company (XYZ) on 19 October 2015. Mr Jones reported the damage to XYZ but was informed that his claim would not be considered as the damage occurred before settlement and he had not yet occupied the house.
By reference to Section 50 (Sale of Insured Property) of the Insurance Contracts Act, 1984, please answer the following questions:
1. Which insurance company was responsible for repairing the damage?
2. Which insurance company was responsible for paying the cost of the loss mitigation work?
3. Would Mr Jones have been required to pay for the repairs himself if he had no insurance?
The winner of the scholarship will be entitled to:
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