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Deep fat fryer fire

What happens when a fish and chip shop deep fat fryer catches fire because it has not been properly serviced and maintained, in breach of the insured’s obligations to the insurer?

Where does the burden of proof lie?

Ken had to return home early from a trip to Peru because his mother died. She was 82 and had dementia. Ken claimed insurance for the cost of curtailment. His claim was denied on the basis that his mother’s dementia was a pre-existing medical condition. Ken claimed that when he booked the travel, some 6 months earlier, he could have no idea that his mother would pass away during the three weeks he was away.

Fault finding

Julius says the accident wasn’t his fault – doesn’t the insurer have to accept his word, and fight his corner?

Marine mishap

Bryan was an experienced mariner and he formed a view early on about how his yacht had been damaged. But did the insurer have to accept his view without question?

What happens if I make a genuine mistake but it’s excluded from my policy?

Gerry applied for a visa online for his trip to India. He received a reply which stated his ‘application’ was confirmed. Gerry had received a similar response for his visa to Bhutan so thought he had all the necessary documentation. Gerry was denied permission to board his flight in Abu Dhabi because he didn’t have a valid visa for India. He claimed insurance for the costs of having to stay in Abu Dhabi for an additional 4 nights, and rebooking a new flight.

Limited information on cancellation limits

John and Beryl had to cancel their $40,000 South American cruise when Beryl fell ill. The couple’s insurer only reimbursed them $20,000 because of a cancellation limit in their insurance policy. Was the insurer entitled to do this?

What happens if the insurer’s standards of restoration are not ‘up to scratch?’

Jenny owned and rented out an apartment in Auckland. Jenny’s tenant was found dead five weeks after she died. The delay in discovery of the body caused extensive issues with the liveability of the apartment. A considerable amount of work was necessary to restore the apartment to a liveable condition. What was the appropriate amount and standard of work in order to restore the property to its original state?

I’ve waited 5 years to make a claim on my income protection insurance, and it’s my insurer’s fault I’ve been adjudicated bankrupt.

In 2011 Martyn suffered an injury, could not work, and received ACC payments for 9 months. However, the ACC advised in 2012 that he was paid in error and he had to repay $12,000. Martyn submitted a claim to his insurer in 2014, but did not provide enough information for his claim to be assessed. Martyn contacted the insurer again in 2017 when the ACC filed bankruptcy proceedings. Martyn said if the insurer had assessed his claim sooner, he would not have been adjudicated bankrupt.