The Insured excavated a long trench close to a neighbouring boundary containing a row of trees. In doing so, they inadvertently compromised the structural integrity of the trees causing 4 of them to fall over on to their property.

The Insured removed the fallen trees, as well as the remaining row and submitted all costs for reimbursement under their Liability Policy. The Insurer agreed to cover costs for the 4 trees that fell but declined the costs for removing the others stating they had not fallen so removal unnecessary.

SHC argued successfully that the Insured had acted prudently by mitigating likely further losses and had all costs reimbursed to our Insured.

Insured’s living room ceiling collapsed during a storm. The assessors report indicated water ingress had occurred through the apron flashing of the chimney as a result of age, wear and tear and that the opening was not caused by storm.

Claim was subsequently declined. SHC argued that the ceiling showed no previous staining to suggest water entry prior to the event which would support an age related issue, and highlighted this was one of the largest storms in recent times resulting in widespread claims.

The declinature was overturned and all costs associated with the claim were subsequently covered.

A metal pole holding an Insureds meter box fell over during a storm. Upon assessment of the claim, the Insured determined the metal pole had rusted and deteriorated to some degree underground causing instability and was responsible for the fall.

SHC argued section 42 of the Insurance Contracts Act in that the Insured “was not aware of, and a reasonable person in the circumstances could not be expected to have been aware of, the defect or imperfection” given its position underground.

The declinature was overturned and full reimbursement of costs were paid to the Insured.