NSW Landlord Insurance Claim for Loss of Rent Declined?

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Geoff

Active Member
19 June 2016
14
2
31
Update

A few people provided suggestions on this matter, so just thought an update might be appropriate.

The process is still ongoing and I am awaiting a determination (still) from FOS. The initial interpretation from FOS denied my claim on the basis of a small clause in the policy so I referred to the Ombudsman for a final determination.

If this is negative, I will be going through the process again against the home building insurance holder.

Some of these things means you just have to keep chipping away...

Also the work on the building is still ongoing but impact on my unit is now considerably less.
 

Geoff

Active Member
19 June 2016
14
2
31
Update:

My claim against the Owners Corporation insurer was dismissed by FOS as there was no event to "trigger" the claim.

I have now claimed against the Home warranty builders Insurance who after advising there was no claim, then offered me the equivalent of 10 weeks rent.

I went thru FOS again, against the Home Warranty insurer (Vero) asking for a more appropriate amount,
FOS declined my application on the basis they did not have jurisdiction.

Looks like it will be lawyers as NCAT wouldn't even advise what form I would need to use to submit an application.

Geoff
 

Rod

Lawyer
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27 May 2014
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Geoff

Active Member
19 June 2016
14
2
31
Thanks for the update.

Have you looked at this site: Complaints_against_insurers


Thanks Rod

I spent some time in there but didn't see that page.

I spoke at length with Fair Trading and they didn't reference that page, they actually sent me back to NCAT (I initially rang NCAT who immediately redirected me to Fair Trading)

A complaint through that mechanism appears to be a way forward, though I must admit I am not very optimistic.
 

Clancy

Well-Known Member
6 April 2016
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2,289
All these big dramas start with a builder screwing up, and they screw up allot because it is an exceedingly cowbyish industry......

I am surprised no one has tried to beat you up in an elevator yet? And why are the police chasing biker gangs around when the building industry is the greater evil by far?
 

DMQC

Well-Known Member
29 June 2016
94
11
314
Do you still need assistance with this? I worked for Vero for several years, happy to help if you still require assistance.
 

Geoff

Active Member
19 June 2016
14
2
31
Do you still need assistance with this? I worked for Vero for several years, happy to help if you still require assistance.

Thanks for the offer.

Unfortunately I ran out of time and energy to pursue this.

Contact with Fair Trading and NCAT regarding any claim was met with confusion where one referred me to the other and neither would provide any real advice.

I was told by NCAT, when I asked under what provisions I could make a claim, I was advised I could just select a claim category and they would either accept or decline it. (basically in their list of options there was nothing that my problem appeared to come under, this involved going thru the application, setting a date, attending and then the member would determine if there were any grounds in the category I had selected))

I was getting to the stage of being physically sick because of this matter and Vero made a small $$ offer which I accepted just to make it go away.

They beat me.
 

DMQC

Well-Known Member
29 June 2016
94
11
314
Hi Geoff, sorry to hear that it became so stressful, indeed it is not uncommon for this to happen from my experience working at vero/suncorp. Just because you settled the claim does not mean you cannot go back and starting fighting your corner again, if you ever feel like you want to do this shoot me a message and I will give you a hand. Cheers, merry christmas.