Why Lie, When The Question Is Straightforward? Owner Builder Public Liability Risk

August 27, 2019 4:27 pm Published by Leave your thoughts

Qtrust is “crystal” clear on sub-contractor injury. You’re covered to the extent of the law. No other product does and we wonder why they don’t say it, instead of playing cute with marketing words? Injury to trades or contractors on your home site can develop into very messy situations, very quickly. An event can evolve into two or more serious incidences for the home owner. Firstly there is the matter of the injured person(s), and a plethora of ongoing medical, physical, mental and disablement impacts which often is a long road to recovery coupled with astronomical expenses, loss of income and legal fees. Secondly the matter of breaches to work-place environments, safety and supervisory matters amongst other requirements. These breaches often result in fines, but criminality is also in State and Federal authority’s purview. (The question is often how to legally defend such allegations, and who’s paying?).

Insurance policies or contracts of insurance are not designed as intuitive reading material. The complexity of law drives this behaviour, as cover in one section may exclude cover under a separate section. For example, excess for sub-contractor injury may infer cover applies, but only to read sub-contractor actions and injury is excluded under separate section, or a general statement inferring sub-contractor actions are not specifically excluded under the policy, but then relies on the insured to mount a case for its inclusion with claims investigation costs excluded within the policy. So who is paying claims investigation costs?

Construction Insurances are generally All-Risk Class of insurance and therefore policy exclusions far outweigh policy inclusions, just by definition. So, don’t skip the small print as often minor details can be very important. When reading one section that makes references to another section, immediately refer to the referenced section to cross check to ensure no dilution to cover or onerous conditions are attached.

The principal reason behind comprehensive cover verses general all-risk cover is the easiness, clarity and openness of Policy Wordings or PDS. Qtrust supports transparency, and uncluttered conditions, and supports insurers who practice same.

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This post was written by Technical Underwriting Centre

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