Is there a difference between manufacture and construction? We think there is!
Poptates was contracted to manufacture a batch of probiotic tablets and used an untested formula. The entire batch was ruined and Poptates was sued for the price of raw materials. Can Poptates claim the cost of raw materials from their insurer?
A building suffers damage in an earthquake. The local council requires an upgraded fire protection system to be installed before it will give consent to the building repairs. Is the building’s insurer liable for the cost of the upgraded fire protection system?
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?
Following a flood in June 2015, it takes 10 months for repairs to be completed. Did Bert’s insurer cause unnecessary delays in effecting those repairs?
Millan ran a whiteware and electrical store. A fire broke out in the workshop after hours. The fire service contained the fire and it did not spread to the showroom or storeroom where much of Millan’s stock was stored. Millan claimed for a substantial amount of damaged stock. The insurer assessed Millan’s loss as much lower than his claimed loss. The insurer believed there was intent to defraud and declined to pay Millan’s claim. Can Millan still have this genuine loss paid?
Daniel could not afford to pay his insurance premiums. At first Daniel’s broker loaned him the premium amount, but Daniel’s policies did lapse. Daniel complained that after his policies lapsed he did make a payment to his broker and his policies should have been reinstated.
Margaret and Peter are building managers in an apartment block. They live in one of the apartments and own several others which are rented out. One of the rented apartments suffered water damage during the tenant’s temporary absence.