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.