ASIC's action against Hollard: A welcome stand against insurance claim delays
Good on ASIC for pursuing this matter against Hollard.
This appears a particularly egregious case where it is said by ASIC that it took Hollard 18 months to deny a claim after apparently the insurer initially accepted it.
The damage is then said to have led to moisture and mould…and now is said to need to be demolished!
There are far too many scenarios like this one where insurers sit on their hands.
Delay in homeowner property insurance claims are most pernicious as homeowners are often not in a position to pay for the repairs themselves and are forced to wait in addition to the stress of having faced a major weather event.
Delay relating to repairs and expert opinions is a problem I see all the time.
I would be interested to hear:
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
A building professional who can write a report and a building professional who can defend one under cross-examination at VCAT are rarely the same person, and the gap between them is costing property owners claims.
If water from a neighbouring property has damaged your home or investment property in Victoria, section 16 of the Water Act 1989 gives you a direct path to recovery, but only if you can prove exactly where the flow came from and why it was unreasonable.
When a property damage claim moves toward recovery, the tradesperson who fixed the problem and the expert who can prove liability in court are rarely the same person.