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We have a unit in a strata development. There was damage…

Customer Question
We have a unit...

We have a unit in a strata development. There was damage from a cyclone and now the insurer has accepted a claim to repair the damage. It will take approximately 5 months to repair the entire complex. We holiday let our appartment and will not be able to rent during this time. Can we claim against the Body Corporate for loss of income?

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

It is in Queensland

Lawyer's Assistant: What steps have you taken so far?

None

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We only got the notification today that the insurer had accepted the claim.

Submitted: 3 months ago.Category: Australia Law
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Answered in 7 minutes by:
3/26/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,311
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 3 months ago

The insurer who has agreed to to cover the damage, is that the Body Corporate insurance for the complex, or your individual insurance for your particular unit ?

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Customer reply replied 3 months ago
Body Corporate
Solicitor: John Melis, Lawyer replied 3 months ago

you may be able to claim such economic loss, based on the insurance policy of the body corporate. The area of claim would be economic loss. In this type of claim you would need to be able to demonstrate that you the unit was earning income over that period in question from previous history of the same dates.

This type of claim you are seeking does occur very option subject to the policy conditions and is successful.

I recommend that you review the insurance policy careful to determine the potential outcome.

Where the policy supports the claim category of economic loss, you will then be successful with seeking damages.

If you need any further information please let know.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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