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VIC How to Make a Home Insurance Claim under Insurance Law?

Discussion in 'Insurance Law Forum' started by Ihaveaquestion, 23 September 2015.

  1. Ihaveaquestion

    Ihaveaquestion Active Member

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    I am living in the ground floor of an apartment building, and suffered a water damage due to leaking gutter. Due to my location in the building and my being away from home for a couple of months, it took some months before I realized the damage to my walls and ceiling. Now I need to prove that the damage was due to one single insured event (leaking gutter is insurable), but I do not have prove on which date the rain would cause my damage.

    How can I make a home insurance claim, say rain or wind in last a few months damaged gutter, and water flow down my apartment? How can I relate rain to my damage in last few months? Are there any precedent cases on Insurance Law I can study?

    Thank you very much
     
  2. Sophea

    Sophea Well-Known Member

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    I would just say that in a rain or wind event of unknown date there was damage to your guttering causing internal water damage.
     
  3. Ihaveaquestion

    Ihaveaquestion Active Member

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    Thank you for that
     
  4. Ihaveaquestion

    Ihaveaquestion Active Member

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    My claim has been declined by the insurance company. I would like to sue the insurance company. However, due to the fact that the insurance policy is strata tile insurance policy through owners corporation (OC), where and how can I sue the insurance company? As OC does not want to sue insurance company, can I sue OC in VCAT with the insurance company as 2nd respondent or directly sue the insurer (but I do not have a direct contract with the insurer), as I believe the insurance company should settle the claim.
     

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