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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I believe that my sons ex partner has made an insurance

Customer Question

I believe that my sons ex partner has made an insurance claim on my family home (where she resided in, while I am living in Australia) that I believe she is not entitled to.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: New Zealand
JA: Has anything been filed or reported?
Customer: She has told me that she has sought the services of an Ombudsman, through her lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: When I left the house in my sons care in 2013, my children & I asked that they pay the Maori land rates and insure our home, which became freehold to me after my husbands death. Unfortunately, another son burnt our home in 2014, and since then Hayley has given me grief with the insurance claim, as she believes she is entitled to the money.
Submitted: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 9 months ago.

What was the claim for? Have you checked with your insurer?

Customer: replied 9 months ago.
My house insurance
Expert:  Leon replied 9 months ago.

Have you contacted your insurance company to confirm the claim and the basis of the claim?

Customer: replied 9 months ago.
The insurance company insured my home under Hayleys name
Customer: replied 9 months ago.
I was advised to seek the assistance of a lawyer and she also did, believing that she should get the insurance money
Expert:  Leon replied 9 months ago.

Ok Was it building insurance or contents

Customer: replied 9 months ago.
I have tried on two occasions to get her to sign the letter stating that once I had been paid $112,000.00 she could not contest the claim or make the insurance liable. This letter is still not signed and she has sought the advise from her lawyer to take the matter to an Ombudsman in New Zealand
Customer: replied 9 months ago.
We only wanted the house insured but never knew that my son would burn it to the ground
Expert:  Leon replied 9 months ago.

Good Afternoon

You are confusing me. Are you and her in court?

If so what does the insurance claim have to do with this?

Customer: replied 9 months ago.
she chose to take contents insurance, although the majority of the contents were mine. I did not contest this as she chose to insure the contents, my home however is another matter.
Expert:  Leon replied 9 months ago.

Good afternoon

Did you also have contents insurance?

Customer: replied 9 months ago.
I am sorry that I have confused you let me start again LeonIn 2012 my husband passed away, which meant that my home became freehold final payment $33.54
I decided to move to Australia, and invited my son & his then partner with my grand children to reside in my home.The verbal agreement that I made with my son & his partner was to insure the house.
In 2014, my home was burnt down, and another son sent to prison for his crime, however, since then Hayley will not sign any legal documents from my lawyer and the insurance company releasing the insurance money.I believe she has been advised by her own lawyer that she is entitled to $269,000.00 that is stated in her policy
Customer: replied 9 months ago.
I need to leave this matter at the moment and sign in again at the local library. I will be back online to discuss this matter with you Leon
Expert:  Leon replied 9 months ago.

Good Afternoon

I am not sure how they work that out and what it has to do with the building insurance. You have a right to have it released and your home rebuilt.

If she is trying to claim under a public liability then they have to sue. But it has nothing to do with the building insurance.