AIrcraft insurance policy.Aircraft was insured for market value $84000Suffered engine failure.Ins Co ok to pay hull repairs but not engine replacement.Engine failure due to Manufacturer supplying incorrect parts.(will not admit liability)Insurance co relying on exclusions to policy contained separately in terms & condotionsdocument.Terms & conditions document was never provided to insured.
Insurance Company will not budge.
Insurance Company will not budge. Then you will have to sue the insurance company, and you should also add the manufacturer to the suit, in the County Court of Victoria.Obviously you would need a lawyer to assist with this, but depending on where in Victoria you reside I may be able to recommend a good solicitor who could help. Just let me know if you're interested.Should you have any other questions, please let me know. If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
What is the insureds position in this case.?
Should the Ins Co have provided the terms & conditions document.
Well, they are claiming it isn't covered by their terms and conditions, however, your contract of insurance with them will show whether or not that is the case.If it is, then your only option is to sue the manufacturer. And even there you are going to have to prove two things:(a) They supplied and installed incorrect parts onto the plane; and(b) As a result of that, the crash occurred.Should you have any other questions, please let me know. If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
The question is should the Ins Co have provided a terms and conditions
Yes, they should have. However, they can argue that someone reading the contract you signed should have demanded the T & C at the time of signing.
I did my law degree at the University of Queensland
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