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I developed 11 units in midland perth and two were completed…

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I developed 11 units...

I developed 11 units in midland perth and two were completed and nine were practically completed before the builder became insolvent. Fitting of water heaters and air conditioners. I have builders insurance for each unit which specifically states insolvency is covered. On calling QBE they state that insolvency is not covered in Western Australia due to legislation. This has never been mentioned in any communication to me. They also cite number of units, again this is not mentioned and in any case the policy is per unit not build.

Lawyer's Assistant: Have you talked to a Western Australia lawyer about this?

No not as yet but may have to I guess.

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

Spoken to QBE insurance and asked for the clause that precludes insolvency in WA

Submitted: 27 days ago.Category: Australia Law
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Answered in 5 minutes by:
5/28/2018
Solicitor: John Melis, Lawyer replied 27 days ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,112
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 27 days ago

do you have a copy of the policy that states the cover with you ?

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Solicitor: John Melis, Lawyer replied 27 days ago

ok, can you type out the wording for me so I can review that policy condition, alternatively, you select telephone services nso we can speak on the phone now if you prefer.

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Customer reply replied 27 days ago
Thanks John I dont think this is going to work and I will just see a local lawyer
Solicitor: John Melis, Lawyer replied 27 days ago

I have sent you a special offer to assist you. Please look it will help you and I can talk you through the points.

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Solicitor: John Melis, Lawyer replied 27 days ago

One point of consideration on your matter, is if QBE is deny the claim per unit, and the cover is stated in the policy conditions, you may have a claim under section 18 of the Australian Consumer Law for misleading and deceptive conduct. In general, misleading someone may include conduct ranging from lying to them, to making false or inaccurate claims, to creating a false impression, to leading them to a wrong conclusion, to omitting important information. Importantly, it is not necessary to establish that the trader intended to mislead or deceive. A person or corporation may have engaged in conduct that was misleading or deceptive even if they have acted honestly and reasonably. Silence may constitute misleading or deceptive conduct, but this will depend on the circumstances of the case.

An objective test is used to decide whether conduct is misleading or deceptive. The court or tribunal will consider whether the conduct was likely to mislead or deceive members of the class or group of persons to whom the conduct was directed.

The seller cannot rely on a disclaimer or exclusion clause to protect themselves from misleading or deceptive conduct. However, the fine print will still be considered.

Your claim may be brought into the local tribunal.

You can run the case yourself as the tribunal is designed as a low cost forum to resolve disputes.

The local process process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

Would you like to consider this option ?

You have a legal right to protect your interests in this important situation.

If you need any further information let me know and I will be pleased to assist.

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 your important questions.

Have I answered your question today ?

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