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kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 208
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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I have just recently been denied a claim from my insurance

Customer Question

I have just recently been denied a claim from my insurance company the plaster of my carport has fallen in during a big storm they are saying that it was due to poor workmanship and they are not going to cover the repairs isn't there a section 46 of the insurance act that covers this kind of thing ?
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is ***** ***** I am going to help you with your in inquiry today.

Yes, section 46 of the Insurance Contracts Act makes it imperative for any insurance company who wishes to rely on an exclusion in the case of storm damage where the defect pre-existed, to prove that you knew of the defect prior to entering into the contract of insurance. However, there are certain types of contracts of insurance that are excluded from that section. Can you please give me some more information about the type of insurance cover you are paying for? Is it building insurance or is your house being constructed and you have construction insurance on it? Can you attach a copy of the policy to this page so that I can review it?

Customer: replied 1 year ago.
My policy is just house and contents the thing is that they are covering damage in my kitchen but not the carport
Expert:  kmslaw replied 1 year ago.

Then that means they must prove you knew of the defect before signing up for the insurance. I recommend you read the dispute resolution sections of your policy and follow the procedure there to agitate a complaint for not covering you and if there's no dispute resolution provisions that you see a solicitor to sue the insurance company to claim your cover. That is, if you didn't know about the defect. Is that helpful?