SearchInsurance confusion
Peter asks:
(updated on Tuesday, January 17th 2017)
I work as a lawn mowing contractor and I have Public Liability Insurance. I mow a lot of rental properties. I broke a $1000 window at a rental property the other day while line trimming (just an accident - no negligence)and I thought I would be covered by my insurance.
But my insurance company informed me my insurance would not cover this as it was the owners responsibility. They cited the Holler vs Osaki case. Tenancy Services also said it was the owners responsibility, citing the same case. The property management company disagrees with this and said I am liable as I am a contractor and my insurer needs to come to the party. Who is correct?
Our Experts Answer:
Firstly, the Holler vs Osaki decision has no application in this situation as the lawn-mowing contractor was not a tenant in the owner’s building.
Secondly, the fact that you may not be legally liable is not a valid reason to decline your public liability claim. The claim should be accepted if your alleged legal liability is of the type covered under the policy (which is likely). If you weren’t negligent, the policy provides cover for your legal defence costs to defend the allegation if it is pursued.
Most Read
| Unity First Home Buyer special | 3.99 |
| SBS FirstHome Combo | 3.99 |
| TSB Special | 4.39 |
| Co-operative Bank - First Home Special | 4.39 |
| ICBC | 4.39 |
| SBS Bank Special | 4.49 |
| Unity Special | 4.49 |
| ANZ Special | 4.49 |
| Westpac Special | 4.49 |
| Kiwibank Special | 4.49 |
| Co-operative Bank - Owner Occ | 4.49 |
| ICBC | 4.59 |
| ANZ Special | 4.69 |
| TSB Special | 4.69 |
| BNZ - Std | 4.69 |
| Wairarapa Building Society | 4.79 |
| Nelson Building Society | 4.87 |
| Westpac Special | 4.89 |
| Co-operative Bank - Owner Occ | 4.89 |
| Kiwibank Special | 4.89 |
| SBS Bank Special | 4.89 |
| Unity Special | 4.89 |
| ICBC | 5.19 |
| Westpac Special | 5.29 |
| TSB Special | 5.29 |
| BNZ - Std | 5.29 |
| SBS Bank Special | 5.69 |
| Co-operative Bank - Owner Occ | 5.69 |
| Kainga Ora | 5.69 |
| ASB Bank | 5.69 |
| AIA - Go Home Loans | 5.69 |
| Kiwibank Special | 5.79 |
| Westpac | 5.89 |
| SBS FirstHome Combo | 3.29 |
| AIA - Back My Build | 3.34 |
| SBS Construction lending for FHB | 3.74 |
| CFML 321 Loans | 3.95 |
| Co-operative Bank - Owner Occ | 4.99 |
| Co-operative Bank - Standard | 4.99 |
| Heartland Bank - Online | 5.30 |
| ICBC | 5.39 |
| Kiwibank - Offset | 5.65 |
| Kiwibank | 5.75 |
| Unity Standard | 5.79 |
