Question: Our insurer accepted our claim for repair of our leaking shower in our lot. After repair, they notified us that the insurer would not accept any future claims if the shower leaked again. Is this usual?
Our insurer accepted our claim for repair of our leaking shower in our lot. A licensed company did the waterproof seal, and the insurer approved the method of shower repair. When the claim was completed, a different consultant notified us that the insurer would not accept any future claims if the shower leaked again. Is this legal and usual?
Answer: Get written advice from the insurer that confirms their position and references the policy terms, conditions and exclusions.
For the insurer to be able to deny any future claims related to the repaired shower recess in your lot, this must be specifically stated in their policy. If this condition does not show on your policy, the insurer must then assess future claims as they arise based on the policy exclusions that already exist in your policy.
It is not clear whether the “consultant” is a representative of the insurer. However, in this instance, I recommend obtaining written advice from the insurer, which confirms their position and references the policy terms, conditions, and exclusions. If the insurer feels a future claim would not be covered due to a specific exclusion in the policy wording, they should advise this.
This post appears in the August 2025 edition of The NSW Strata Magazine.
Tyrone Shandiman
Strata Insurance Solutions
E: tshandiman@iaa.net.au
P: 1300 554 165
This information is of a general nature only and neither represents nor is intended to be personal advice on any particular matter. Shandit Pty Ltd T/as Strata Insurance Solutions strongly suggests that no person should act specifically on the basis of the information in this document, but should obtain appropriate professional advice based on their own personal circumstances. Shandit Pty Ltd T/As Strata Insurance Solutions is a Corporate Authorised Representative (No. 404246) of Insurance Advisenent Australia AFSL No 240549, ABN 15 003 886 687.
Hi
A session of ceramic kitchen tile flooring in my apartment popped (and cracked) through tension, more than likely from building movement. This was reported to the strata manager who stated that this was my responsibility to repair, likely meaning replacement of the whole floor due to availability of matching tiles.
Not sure whether this is correct advice by the strata manager and whichever – whether such damage is subject to the Owners Corporation insurance and/or my own Contents policy.
My thanks.
Hello
My sister lives in a large apartment building and the tenants opposite moved out but blocked the drain with a towel and left the water running in the laundry ( they were evicted ).. Management have been great and quick to respond ( after the police and SES) ripping out carpets on the first day and also conducting am electrical safety check.
My sisters apartment was flooded, along with everyone on her wing, plus 2 floors below.
Who pays for the damage to rugs, furniture, hard drive, tv electrical cords and other items? She has no insurance but assume any expenses would be claimed by Landlords Insurance by the owner?
This is in NSW.
Thank you.
Hello
I own a unit which is rented out, the unit was constructed without a waterproof membrane in the bathroom,shower bath area behing the tiles.
The unit is in original condition, not renovated or changed.
If a leak developes due to having no waterproof membrane, it was omitted by builder back in 1965?
wouldn’t the owners corporation strata have to pay to remove tiles and install membrane and return tiles.
LIABILITY FOR THE EXCESS: Am in QLD, but interested in what the law is in NSW re liability for the Excess. Does the owner of the ‘leaky lot’ pay, or the body corporate, or the owner of the damaged lot?
Hi Ross
Thank you for your question.
We have received the following reply back from Whitbread Insurance Brokers:
The NSW law does not strictly dictate who pays policy excesses. We suggest any queries about payment of excesses should be directed towards the Committee and / or the Strata Manager.