Strata Insurance. Product Disclosure Statement

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Strata Insurance

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Contents

Introduction

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3

Welcome to Strata Insurance

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3

Summary of important claims information

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5

About your sum insured

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6

About your premium

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6

Paying your premium

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7

Your responsibilities

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7

When you need to contact us

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8

About your cover

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9

Who we cover – You/Your

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9

Where we cover – the insured address

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9

What we cover as your building

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9

What we do not cover as your building

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10

The most we will pay for building claims

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11

What we cover as your common contents

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11

What we do not cover as your common contents

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12

The most we will pay for common contents claims

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12

GST

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12

What you are covered for

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13

Additional features

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22 Additional covers

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28 Legal Liability

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36 General exclusions

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39

Claims

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45

Making a claim

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45

How to establish your loss

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47

Your excess

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48

How we settle your claim

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49

Building claims

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51

Common contents claims

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56

Other claims information

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57

Other important information

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58

What happens with cancellations

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58

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Introduction

Welcome to Strata Insurance

Why is this document important?

This Product Disclosure Statement (PDS) is an important legal document that contains details of your GIO Strata Insurance if you purchase this product from us. Before you decide to buy this product from us, please read this PDS carefully. If you purchase this product, your policy comprises of this PDS and your certificate of insurance which shows the details particular to you.

The information in this PDS was current at the date of preparation. We may update some of the information in the PDS that is not materially adverse from time to time without needing to notify you. You can obtain a copy of any updated information by visiting gio.com.au or by contacting us on 13 10 10. We will give you a free paper copy of any updates if you request them.

In some circumstances the terms and conditions of this PDS may be amended by a Supplementary PDS (SPDS).

PED Guide

Throughout this PDS you will be referred to a guide called: Premiums, Excesses, Discounts and Claim Payments Guide, indicated as ‘Refer to the PED Guide for further information’. This guide will provide you with further information and is available at gio.com.au/moredetails. You can obtain a copy on request, at no charge, if you contact us.

Cooling off period

After this insurance begins or you renew your policy for another period of insurance, you have 21

days to consider the information in your PDS. This is called the ‘cooling off period’. If you wish, and provided you have not made a claim, you can exercise your cooling off rights within 21 days from the day cover began or was renewed. When you do this, we will refund in full the money you have paid for that period of insurance but you will have no cover from when your policy would have otherwise begun or from your renewal date.

Alternatively, you can cancel your policy at any time during the period of insurance. When you exercise your cooling off rights, and unless we tell you otherwise, you will have cover up until the date of cancellation. For more information see ‘Cancellation by you’ on page 58.

Who is this product designed for?

This product is designed to provide cover for residential strata titled properties or residential properties associated with a body corporate or owners corporation. The policy will provide cover to buildings and common areas that are the responsibility of the body corporate or owners corporation for insurance purposes according to the relevant legislation in your state. You may also choose to cover any common contents under this policy.

Your duty of disclosure

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It includes matters we specifically ask about when you apply for a policy, or renew or alter your policy, and any other matters which might affect whether we insure you and on what terms. The information you tell us can affect:

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the amount of your premium;

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if we will insure you;

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if special conditions will apply to your policy. You do not need to tell us of anything which:

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reduces the chances of you making a claim; or

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we should know about because of the business we are in; or

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we tell you we do not want to know.

If you are unsure it is better to tell us. If you do not tell us something which you know or should know is relevant, we might reduce a claim, refuse to pay a claim, cancel your policy or, if fraud is involved we can treat the policy as if it never existed.

Claims made and notified basis of coverage: Office bearer’s liability

The office bearer’s liability cover under the office bearer’s liability additional cover (see page 30) is issued on a ‘claims made and notified’ basis. This means that your office bearers are covered for claims first made against them during the period of insurance and notified to us during the period of insurance, provided that you were not aware at any time prior to the policy inception of circumstances which would have put a reasonable person in your position on notice that a claim may be made against you.

Under section 40(3) of the Insurance Contracts Act 1984, any office bearer may decide to notify us of facts that might give rise to a claim against them. This notification must be given as soon as reasonably practicable after the office bearer becomes aware of the facts and prior to the period of insurance expiring. If the office bearer, respectively, gives us such written notification of facts, the policy will respond even though a claim arising from those facts is made against the office bearer after the policy has expired. When the period of insurance expires, no new notification of facts can be made.

Exclusion for new policies

We do not insure you for bushfire, storm, flood or tsunami in the first 72 hours of your policy. Very limited exceptions apply. For full details see ‘General exclusions’ on pages 39 to 44.

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Summary of important claims information

This summary lists some of the important information to consider when making a claim. This is a summary only and there are other things you should be aware of when making a claim. For more details see pages 45 to 57.

Making a claim

It is important that you contact us as soon as possible after the loss or damage has occurred. You must also take reasonable steps to prevent further loss or damage.

More details page 45

Establishing your loss

You will need to prove that an incident covered by your policy has occurred and also the extent of the loss or damage you have suffered.

More details page 47

Proof of ownership

We may ask for proof of ownership in the event of a claim.

More details page 47

Excess

An excess is the amount you ordinarily have to pay for each incident when you make a claim. The excess(es) that apply depend upon the circumstances of the claim.

More details page 48

How claims are settled

Depending on the circumstances we will decide to repair, replace, rebuild or pay you what it would cost us to repair, replace or rebuild.

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About your sum insured

What is a sum insured?

The sum insured is the most you can claim for any one incident unless stated otherwise in this PDS. The amount is shown on the certificate of insurance or in this PDS and includes GST.

Make sure your sum insured is adequate

Underinsurance can expose you to serious financial loss if a claim occurs. It is your responsibility to make sure your building and common contents are insured for their full ‘new for old’

replacement value.

Review your sum insured regularly

You need to ensure your sums insured are accurate when you first insure your building and common contents and each time you renew your policy. To ensure your sums insured are adequate it is important to review them regularly, being mindful of items purchased recently, and ask us to change the sum insured when required.

If you over-insure

We will not pay more than it costs us to rebuild, repair or replace your building or common contents. We will not refund any premium paid for over-insuring.

Adjustments on renewal

We automatically adjust the building sum insured and common contents sum insured on your certificate of insurance at the end of each period of insurance to account for various factors including inflationary trends.

About your premium

The premium is the amount you pay us for this insurance and it includes stamp duty, GST, other government charges and any fire services levy (FSL) that applies. The total amount payable will be shown on your certificate of insurance or, if you pay by instalments, the amount due each month will also be shown on your certificate of insurance as ‘monthly instalment’.

In addition to your sum insured, we use many factors about you and your building and common contents to work out your premium. These are called premium factors. The premium factors we use reflect the likelihood of you making a claim together with other factors related to our cost of doing business.

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Paying your premium

We will tell you how much you have to pay and how much time you have for payment on your certificate of insurance. You must pay the premium by the due date to get this insurance cover. You can pay in one annual payment or, if we agree, by instalments. If you pay your premium by instalments it costs you more than if you choose to pay your premium in one annual payment. Unless we tell you, any payment reminder we send you does not change the expiry or due date. If you do not pay the full amount, we may reduce the period of insurance so it is in line with the amount you paid.

If you make a change to your policy details it may affect your premium you need to pay for the remainder of your period of insurance.

Late annual payments

If you do not pay your premium by the due date in the first year of insurance with us, we will give you a written notice of policy cancellation where we are required by law to do so.

If you do not pay the premium due on renewal by the due date, you will have no cover from the due date.

If we accept your late payment, we might recommence your cover from the date we receive your payment. If so, you will have no cover for the period from the due date until the date of payment.

Overdue monthly instalments

If you pay your premium by instalments and your instalment is overdue, we can do one or both of the following:

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refuse to pay a claim if an instalment is 14 days (or more) overdue;

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cancel your policy without notifying you in advance if an instalment is 1 month (or more) overdue.

Your responsibilities

You must:

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keep your building and any common contents well maintained and in good condition. For what

we mean by ‘well maintained and in good condition’ see ‘Words with special meanings’ on pages 59 to 63;

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take all reasonable care to prevent theft, loss, damage or legal liability;

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follow all the terms and responsibilities set out in your policy;

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provide honest and complete information for any claim, statement or document supplied to us;

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ensure that your building complies with local government and other statutory requirements at

all times.

Not meeting your responsibilities

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When your building will be unoccupied for more than 60 days

We will apply the unoccupied excess to each incident covered by your policy unless your policy states that no excess applies to your claim if, at the time of the incident, the building has been unoccupied for more than 60 continuous days.

A period of unoccupancy starts when the building becomes unoccupied and comes to an end when you, someone nominated by you, a unit owner or someone nominated by a unit owner has occupied the building for at least 2 consecutive nights. You may be asked to prove the occupancy of the building in the event of a claim. This may be supported by the usage of the utilities that are connected to the building. Sometimes we might ask for other evidence of occupancy. We will decide if the unoccupied excess applies.

If you have to pay an unoccupied excess it is payable in addition to any other excess that applies to your claim. For more details about the unoccupied excess, see page 48.

When you need to contact us

You must contact us when:

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you or your managing agent become aware that a business activity is being operated at the

insured address but we do not need to know if this business activity is only:

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the residential tenancy of a unit which is part of your building; or

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using no more than 1 unit in your building as an administration office.

Note: We do not cover any part of your building used for any business activity. Some limited exceptions apply. See ‘What we do not cover as your building’ on page 10.

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any detail on your certificate of insurance is no longer accurate, such as the insured address;

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you intend to demolish your building, have lodged an application to do this, or a government authority has issued a demolition order;

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the insured address ceases to be occupied;

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trespassers (squatters) occupy the insured address;

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your building has fallen into a state of disrepair;

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you commence building or renovations at the insured address;

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anything else happens that increases the chance that loss, damage or injury will occur at the insured address.

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About your cover

Who we cover – You/Your

You/Your refers to the:

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body corporate;

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owners corporation;

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strata company; or

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association of the strata, groups, body corporate or community title scheme;

named as the insured on your certificate of insurance, and its ownership or insurable interest according to the relevant strata, group, body corporate or community title laws applying to your building and common property.

Where we cover – the insured address

We cover your building and common contents at the insured address. The insured address is the address/location shown on your certificate of insurance within the perimeter of the scheme land.

What we cover as your building

Your building means the strata, group, body corporate or community titled residential building or buildings including the following at the insured address:

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garages, carports, outbuildings, outdoor walls, gates, fences and any structural improvements on the land;

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decks, pergolas, pagodas, verandas and balconies, fixed water tanks, fixed swimming pools and

spas and their accessories, sheds and tennis courts;

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garden borders, pathways and paved or concreted floor areas;

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driveways or sealed roads;

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retaining walls which are located within the boundaries of the insured address;

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services, both above and below ground, that are your property and you are responsible for, including fixed fire prevention and security equipment;

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any permanently housed, connected or wired electrical appliances including ducted air

conditioning and intercoms;

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any permanently fixed outdoor items, including solar panels, satellite dishes, play equipment, clothes lines, fixed barbeques, fixed aerials and outdoor lights, awnings and blinds;

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gas appliances permanently plumbed to a gas supply;

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sewer storage tanks or treatment tanks permanently plumbed to your building;

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boat jetties, pontoons, mooring poles and their attachments and accessories which are located

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any uninstalled building fixtures, fittings and materials (limits apply) but only when kept in a locked and secured building at the insured address;

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lifts, elevators, escalators, travelators, inclinators and hoists;

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these wall, floor or ceiling coverings (except when they are inside a unit and the strata laws in your state or territory say they are not part of your building for body corporate insurance purposes):

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paint, tiles, wallpaper and permanent wall, floor and ceiling coverings;

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fixed floor coverings including lino, whether glued down or not;

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timber floor coverings that were fitted when the building was originally built, whether secured to the floor or not.

What we do not cover as your building

Your building does not include:

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anything that is not legally part of your building for body corporate insurance purposes according to the relevant strata laws in your state or territory;

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fixtures that can be removed without causing damage to the unit;

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anything defined as common contents;

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any new building in the course of construction;

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any temporary or mobile structures, including caravans, houseboats, watercraft or motorised vehicles or craft of any type;

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inflatable or portable swimming pools and spas and their accessories;

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any fixed or temporary dead weight moorings, mushroom moorings or screw in moorings;

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any carpets, rugs, blinds, drapes or curtains;

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air conditioning units servicing a particular unit;

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loose or compacted soil, lawn, artificial grass, gravel, pebbles, rocks or granular rubber;

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used or applied chemicals, fertilisers or pesticides;

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lawns, garden areas, plants, trees and shrubs or hedges in the ground (unless covered under additional feature ‘Lawns, garden areas, plants, trees and shrubs and hedges’ see page 27);

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as a hotel or motel;

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as a boarding house or guest house;

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for any business activity unless we agreed to this business activity and this is shown on your certificate of insurance or if this business activity is only:

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the residential tenancy of a unit which is part of your building; or

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using no more than 1 unit in your building as an administration office.

The most we will pay for building claims

If we accept your claim, the most we will pay for loss or damage to your building for any one insured incident is the sum insured shown on your certificate of insurance, unless a different limit elsewhere in your policy applies. Some items also have fixed limits that cannot be increased and these limits are the most we will pay for these items as shown in the table below.

Fixed limits apply to Limits for any one insured incident

Uninstalled building fittings, fixtures and materials

but only when kept in a locked and secured building at the insured address

Up to $500 in total

What we cover as your common contents

Your common contents means your unfixed property at the insured address that is contained within the common areas of your building and includes:

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unfixed wall, floor and ceiling coverings;

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internal window coverings;

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portable domestic appliances (e.g. washing machine and clothes dryer);

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tools and cleaning equipment;

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domestic tools and gardening equipment (including ride-on mowers);

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office equipment, electronic equipment and telephones you use in your administration office, examples include:

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computers, including laptops, electronic diaries, palm or pocket PCs, printers and scanners (but not software, games or stored media information);

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filing cabinets;

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fax machines and photocopiers;

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phones;

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chairs, tables, desks and other office furniture;

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office stationery.

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What we do not cover as your common contents

Common contents does not include:

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any fixture or item owned by a unit owner or tenant which they would remove if they sold or vacated their unit;

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personal effects and valuables designed to be worn or carried by a person such as:

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clothing, footwear, baggage, handbags, wallets or furs;

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jewellery and watches.

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valuable items such as:

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cash, smart cards, phone cards, documents able to be cashed or traded, vouchers, money

orders or stamps;

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medals, collections or memorabilia;

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precious stones;

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items made of, or plated with, gold or silver.

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any item covered as your building;

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carpets or any contents item owned by a tenant or unit owner;

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animals, including fish, reptiles, pets and livestock;

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stock in trade;

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uninstalled building fittings, fixtures and materials;

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floating floors fitted by the unit owner;

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any of these vehicles or craft or any of their accessories or spare parts:

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motor vehicles or trailers, motorcycles, mini-motorcycles, motorised scooters or motorised bicycles; watercraft and aircraft;

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caravans, mobile homes or any of their contents;

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tractors, back hoes, bob-cats, earth dozers or front-end loaders or their accessories or spare parts.

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What you are covered for

You can insure your building under your policy. You can also add cover for common contents to your policy. You must insure your building under your policy before you can insure common contents.

You decide on the covers and how much insurance you need. If we agree to insure you and you pay us the premium, the cover you have chosen will be shown on your certificate of insurance.

Building cover

When we insure your building, we will cover it for accidental loss or damage at the insured address in the period of insurance provided that the loss or damage is not excluded and subject to the conditions of your policy.

Common contents cover

When you add commons contents to your building policy, we will cover common contents at the insured address for accidental loss or damage in the period of insurance provided that the loss or damage is not excluded and subject to the conditions of your policy.

Accidental loss or damage

Accidental loss or damage is loss or damage that was not intentional and includes loss or damage from the incidents shown on pages 14 to 21. The loss or damage we don’t cover under your policy is shown:

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in the tables shown on pages 14 to 21;

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in the ‘General exclusions’ on pages 39 to 44;

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in the ‘We do not cover’ sections in additional features on pages 22 to 27; and

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Flood

We cover Loss or damage caused by flood.

(See meaning of ‘flood’ on page 60).

We do not cover

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loss or damage caused by actions or movements of the sea or

storm surge;

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loss or damage to retaining walls, sea walls, garden borders and free standing outdoor walls;

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resultant cracking to paths, driveways, any outdoor surfaces, but we will cover them if they are washed away by the flood;

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loss or damage to a sporting surface or court;

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loss or damage to boat jetties, pontoons, mooring poles and their attachments and accessories, including if they are washed away by the flood;

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the cost of cleaning mud or debris out of tanks, swimming pools or spas, including replacing or storing the water;

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damage to external paintwork of your building, if that is the only building damage caused by the flood;

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loss or damage to swimming pools or underground tanks caused by

water leaking down the sides, against the sides or getting underneath them;

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loss or damage to gates, fences or wall fences that were in a state of disrepair which would have been obvious to a reasonable person before the damage occurred;

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loss or damage caused by erosion, vibration, subsidence, landslip, landslide, mudslide, collapse, shrinkage or any other earth movement,

but we will cover damage caused by a landslide or subsidence proved to have occurred within 72 hours of, and directly because of, flood and not because of erosion over time, structural fault or design fault;

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the cost of cleaning your building or common contents at the

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Storm

We cover Loss or damage caused by storm.

We do not cover

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loss or damage caused by actions or movements of the sea or storm

surge, but we will cover loss or damage caused by storm surge if it occurs at the same time as other insured damage at the insured address caused by storm;

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loss or damage caused by erosion, vibration, subsidence, landslip, landslide, mudslide, collapse, shrinkage or any other earth movement,

but we will cover loss or damage caused by a landslide or subsidence proved to have occurred within 72 hours of, and directly because of, a storm and not because of erosion over time, structural fault or design fault;

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loss or damage to retaining walls, sea walls, garden borders and free standing outdoor walls;

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resultant cracking to paths, driveways, any outdoor surfaces, but we will cover them if they are washed away by the storm;

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loss or damage to a sporting surface or court;

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loss or damage to boat jetties, pontoons, mooring poles and their attachments and accessories, including if they are washed away by the storm;

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the cost of cleaning mud or clearing debris out of tanks, swimming pools or spas, including replacing or storing the water;

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loss or damage to swimming pools or underground tanks caused

by water leaking down the sides, against the sides or getting underneath them;

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damage to external paintwork of your building, if that is the only building damage caused by the storm;

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loss or damage to gates, fences or wall fences that were in a state of disrepair which would have been obvious to a reasonable person before the loss or damage occurred;

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the cost of cleaning your building or common contents at the

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Lightning

We cover Loss or damage caused by lightning, including power surge caused

by lightning.

We do not cover

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any claim where the Australian Government Bureau of Meteorology has

no record of lightning in your area at the time of the loss or damage;

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loss or damage without written confirmation from a qualified repairer saying lightning was the actual cause of the damage;

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loss or damage caused by power failures or surges by your power

provider. Fire

We cover Loss or damage caused by fire (burning with flames).

We do not cover Loss or damage arising from:

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heat, ash, soot and smoke when your building or common contents has

not caught on fire unless it is caused by a burning building within 10

metres of the insured address;

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arcing, scorching or cigarette burns unless a fire spreads from the initial burn spot;

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pollution or vapour from a home heater or a cooking appliance unless

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Earthquake and Tsunami

We cover Loss or damage caused by an earthquake or tsunami.

We do not cover

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loss or damage caused by actions or movements of the sea or

storm surge;

Note: ‘Tsunami’ is not an action or movement of the sea, see page 59.

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loss or damage that occurs more than 72 hours after an earthquake or tsunami;

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loss or damage caused by erosion, vibration, subsidence, landslip, landslide, mudslide, collapse, shrinkage or any other earth movement,

but we will cover damage caused by a landslide or subsidence proved to have occurred within 72 hours of, and directly because of, an earthquake or tsunami and not because of erosion over time, structural fault or design fault.

Theft or burglary by tenants or their guests

We cover Theft or burglary by tenants or their guests.

Note: An additional excess applies. See page 48 for more details.

We do not cover Loss or damage when we have accepted a previous claim for theft or

burglary by tenants or their guests in the same period of insurance in relation to the same tenant.

Note: ‘Same tenant’ means that at least one common person was usually residing at the unit at the time of both incidents.

Theft or burglary by people who are not tenants or their guests

We cover Theft or burglary by people who are not tenants or their guests.

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Accidental breakage of glass

We cover Accidental breakage of glass.

We do not cover When you have building cover

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ceramic tiles;

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shower bases (tiled or otherwise);

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the cost to modify any part of your building to fit the replacement cooking or heating appliance if the dimensions differ;

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any loss or damage if the breakage does not extend through the entire

thickness of the damaged item (e.g. chips or scratches). When you have common contents cover

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any accidental breakage which has occurred while the items are

outside your building;

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drinking glasses and any glass or crystal items normally carried by hand;

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any hand held mirrors;

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glass that is part of a vase, decanter, jug, fishbowl, ornament or light globe;

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any loss or damage if the breakage does not extend through the entire

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Escape of liquid

We cover Loss or damage caused by escape of liquid.

Note: An additional excess applies. See page 48 for more details.

We do not cover

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wear and tear, or loss or damage by the escape of liquid occurring as a

result of a gradual process of leaking, splashing, dripping or overflowing over a period of time when you could reasonably be expected to be aware of this condition;

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the cost of repairing or replacing the item from which the liquid escaped;

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fixing leaks that have not caused permanent damage to your building;

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leaks from agricultural pipes;

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loss or damage caused by liquid from a watering system or hose;

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loss or damage to retaining walls;

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loss or damage to, or caused by, a leaking shower floor or base, shower cubicle walls, shower glass screening or doors;

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costs if you repair or renovate a damaged area of your building before we can inspect it and find the cause;

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broken, worn or aged tiles or grouting in walls in bathrooms, kitchens or laundries unless the damage is caused by liquid leaking from pipes in walls or floors (not forming part of a shower cubicle wall, floor or base);

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loss or damage caused by wear, tear, rust, fading, rising damp, mould, mildew, corrosion, rot;

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loss or damage caused by storm surge.

If we accept a claim under this insured incident, we provide some additional cover for exploratory costs associated with finding the source of the leak (see additional feature ‘Exploratory costs to find leaks from pipes and water containers’, page 26).

Impact

We cover Loss or damage caused by impact at the insured address.

We do not cover

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loss or damage to driveways, paths, paving or underground services

caused by a road vehicle, crane or earthmoving equipment;

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any portion of a fence or wall that is not owned by you;

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the cost of removing or lopping fallen trees or branches that have not damaged your building or common contents;

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loss or damage caused by trees being lopped, felled or transplanted by

you or someone authorised by you;

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Damage by an animal

We cover Loss or damage caused by an animal.

We do not cover Loss or damage caused by:

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any animal owned by or in the custody of you, your tenant, or someone

who is at the insured address with your consent or the consent of the tenant;

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insects, vermin or rodents, but we will cover damage they cause if it is covered under the following insured incidents:

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‘Fire’;

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‘Escape of liquid’.

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animals pecking, biting, clawing, scratching, tearing or chewing your property or contents, or damage caused by their urine or excrement.

But we will cover damage caused by an animal (except insects, vermin or rodents) which becomes accidentally trapped inside the insured address and which does not belong to you or anyone living at the insured address.

Explosion

We cover Loss or damage caused by explosion.

We do not cover

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the cost of repairing or replacing the tank or container that exploded;

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loss or damage caused by nuclear or biological devices;

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loss or damage caused by erosion, vibration, subsidence, landslip, landslide, mudslide, collapse, shrinkage or any other earth movement,

but we will cover loss or damage caused by a landslide or subsidence proved to have occurred within 72 hours of, and directly because of, an explosion and not because of erosion over time, structural fault or design fault.

Riot, civil commotion or public disturbance

We cover Loss or damage caused by riot, civil commotion or public disturbance e.g.

damage caused by a violent crowd moving down your street.

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Malicious acts or vandalism by tenants or their guests

We cover Loss or damage caused by malicious acts or vandalism by tenants or

their guests.

Note: An additional excess applies. See page 48 for more details.

We do not cover

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the cost of cleaning, repairing or restoring your building or common

contents caused by neglect, or untidy, unclean or unhygienic habits of a tenant or their guests, such as the cost of cleaning, repairing or removing:

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liquid (including urine) or food stains;

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odours;

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abandoned items or rubbish;

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drawing or painting on walls;

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water damage and stains from over-watering plants;

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water damaged carpets, flooring, cupboards or vanity units caused

by water splashing from showers, sinks or baths.

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loss or damage when we have accepted a previous claim for malicious

acts or vandalism by tenants or their guests in the same period of insurance in respect of the same tenant.

Note: ‘Same tenant’ means that at least one common person was usually residing at the unit at the time of both incidents.

Malicious acts or vandalism by people who are not tenants or their guests

We cover Loss or damage caused by malicious acts or vandalism by people who are

not tenants or their guests.

We do not cover Loss or damage caused by you, a unit owner, any tenants or their guests.

(22)

Additional features

If we accept your claim for loss or damage due to an insured incident, we will also provide the following additional features. The additional features and their limits are paid in addition to the sum insured for your building and common contents, unless stated otherwise. There are some things we do not cover under these additional features and these are shown in the ‘We do not cover’ section of the following tables on pages 22 to 27 and in the ‘General exclusions’ on pages 39 to 44. All of the conditions of your policy apply to these additional features unless the cover says otherwise.

Removal of debris

We cover When you have building cover

The reasonable and necessary costs of:

`

demolishing and removing the damaged parts of your building from

the insured address;

`

removing debris when required in order to repair your building. The most we will pay for any one incident is 10% of the building sum insured.

When you have common contents cover

The reasonable and necessary costs to dispose of the damaged common contents.

The most we will pay under this feature for any one insured incident is

10% of the common contents sum insured.

We do not cover When you have building cover

The cost of:

`

removing tree stumps and roots still in the ground;

`

removing any debris, including fallen trees or fallen branches that have not damaged your building.

When you have common contents cover

Disposal, storage or removal of anything that is not defined as common contents.

(23)

Other repair/rebuilding costs

We cover When we are rebuilding or repairing damaged parts of your building, we

will pay the reasonable and necessary costs:

`

of any temporary work required to make the damaged or destroyed

building and insured address safe;

`

for the services of professionals, such as architects or surveyors, to repair or rebuild at the insured address;

`

to make the damaged parts of your building comply with the current

building regulations and laws.

The most we will pay under this feature for any one insured incident, is your building sum insured, less any amount we agree to pay for accidental loss or damage under any other part of your policy for the same insured incident.

We do not cover

`

if your sum insured has been used up by any other part of your policy;

`

the cost of:

`

removing tree stumps and roots still in the ground;

`

removing or lopping fallen trees or fallen branches that have not damaged your building;

`

upgrading undamaged parts of your building to comply with the

current building regulations and laws;

`

making your building comply with building regulations and laws

that existed but were not complied with when your building was originally built or altered.

(24)

Temporary accommodation for unit owners

We cover When an insured incident damages a unit in your building to the extent

that the unit owner cannot live there, and we agree, we will pay the unit owner’s reasonable temporary accommodation costs for the time it will take to repair or rebuild the unit to a liveable condition. We will also pay for temporary accommodation for the unit owner’s domestic pets in a commercial boarding establishment for the same period that we pay for the unit owner’s temporary accommodation.

The most we will pay for is:

`

up to 4 weeks in short term accommodation agreed to by us

(e.g. standard rates for a hotel, motel or serviced apartment), then if necessary up to another:

`

48 weeks in residential accommodation of a similar standard to the unit that has been damaged in the incident.

We will also pay the reasonable and necessary costs for:

`

redirection of the unit owner’s mail from the insured address for up to

52 weeks;

`

utility connection costs at the temporary accommodation residence;

`

assistance with bond payment if required, however any amount we pay

in bond is recoverable from the unit owner by us. We may deduct this amount from any amount payable to the unit owner.

The most we will pay for all claims under this feature in relation to the same insured incident is 10% of the building sum insured and the longest period that can be claimed for is 52 weeks.

We do not cover Temporary accommodation costs:

`

if damage to the unit owner’s contents is the reason the unit cannot be lived in;

`

if you do not intend to repair or rebuild the building;

`

if the unit owner does not intend to repair or rebuild the unit;

`

if before the loss or damage occurred, the unit owner had planned to demolish the unit;

`

if the unit owner does not need to pay for temporary accommodation;

(25)

Loss of rent following an insured incident

We cover If we accept your claim for loss or damage to a tenanted unit in your

building due to an insured incident and we agree the unit cannot be lived in, we will pay the unit owner the weekly rental amount for the reasonable amount of time we decide it should take to repair or rebuild your building or unit so it can be lived in again.

The longest period we will provide cover for is 52 weeks and the most we will pay under this feature in relation to the same insured incident is 10%

of the building sum insured.

We do not cover

`

loss of rent:

`

if you or the unit owner does not intend to repair or rebuild your building or the unit;

`

if the tenant still has an obligation to pay the rent to the unit owner;

`

beyond the period it should reasonably take to replace or repair

your building or the unit so that it can be lived in again;

`

if the unit was not occupied by a paying tenant at the time the loss or damage occurred. But we will provide cover if we decide it would have been rented, and the unit owner gives us evidence of this, during the time taken to repair, replace or rebuild the unit;

`

if the tenant has not paid rent or vacated the unit with rent owing;

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if the unit owner is able to recover loss of rent under another

insurance policy. Costs to re-establish important documents

We cover If we accept a claim under your building or common contents cover, we

will pay the costs to restore or replace important written or printed records that belong to you if they are lost or damaged in an insured incident while either at the insured address or while being kept in a bank safe.

The most we will pay for all claims made in any one period of insurance is $5,000.

We do not cover

`

documents that are the personal property of unit owners, shareholders,

members, proprietors or any other person or party;

`

electronic files;

`

bearer bonds or coupons, bank or currency notes, book debts or any

negotiable instruments;

(26)

Emergency repairs

We cover The reasonable cost of emergency repairs to your building and common

contents following loss or damage caused by an insured incident. The most we will pay up to is $1,000 for any one incident.

We do not cover

`

unnecessary repairs.

Exploratory costs to find leaks from pipes and water containers

We cover The reasonable cost of:

`

searching for the source of leaks in pipes and water containers at the insured address; and

`

restoring the damage to your building or common contents caused by

our exploratory work under this additional feature;

but only if the escape of liquid is covered under the ‘Escape of liquid’ insured incident, see page 19.

If we pay for damage or exploratory costs under this additional feature, we will also pay:

`

up to $500 in any one period of insurance to repair or replace leaking pipes and water containers; and

`

up to $750 to replace undamaged tiles or other floor materials in the same room, hallway or passageway where the damage occurred, so they match or complement new materials used for repairs.

We do not cover

`

any costsif the leaking did not first happen in the period of insurance;

`

fixing or finding leaks that have not caused permanent damage to your

building or common contents;

`

searching for leaks in shower bases, walls or floors or fixing them so they do not leak unless the damage is caused by:

`

liquid leaking from pipes in shower walls or from water containers.

`

fixing broken, worn or aged tiles or grouting in walls in showers, bathrooms, kitchens or laundries unless the damage is caused by:

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liquid leaking from pipes in walls, floors or from water containers.

(27)

Lawns, garden areas, plants, trees and shrubs or hedges

We cover The cost of restoring or replacing lawns, garden areas, plants, trees, and

shrubs or hedges located in the ground on common areas at the insured address if they are lost or damaged in an insured incident.

The most we will pay for all claims made in any one period of insurance is $5,000.

We do not cover

`

the cost to remove the damaged lawns, garden areas, plants, trees,

shrubs or hedges. Refer to the PED Guide for further information

(28)

Additional covers

We also provide the cover set out under the following additional covers. A claim under an additional cover can be made independently of a claim for loss or damage to your building or common contents.

The cover provided is shown in the ‘We cover’ section of the following tables on pages 28 to 35. In all cases the incident that causes the loss or damage must happen in the period of insurance. There are some things we do not cover and this is shown in the ‘We do not cover’ section of the following tables on pages 28 to 35 and in the ‘General exclusions’ on pages 39 to 44. All of the conditions of your policy apply to these additional covers unless the cover says otherwise. Motor burnout

We cover The burning out or fusing of an electric motor, that happens in the period

of insurance, which is part of your building or common contents when they are insured under your policy (e.g. garbage disposal units, swimming pool motors in common areas) and which are less than 11 years old. Cover includes the reasonable cost to repair or replace:

`

the electric motor or compressor containing the motor;

`

an entire sealed unit, filter, dryer and re-gassing if the electric motor is inside a sealed refrigeration or air conditioning unit;

`

a swimming pool water pump, combined with its electric motor, if the

replacement pump motor cannot be bought on its own. If an electric motor or motor in an appliance cannot be repaired or replaced, we will pay the replacement cost of an equivalent motor or motor in a sealed unit of the same specification and standard available today. We will not pay for the replacement of the whole appliance unless

it costs us less than it would to repair or replace the motor.

We do not cover

`

the cost of extracting or reinstalling a submersible pump;

`

any amount you can recover under a manufacturer’s guarantee

or warranty;

`

loss or damage to motors forming part of equipment used for any

business activity;

(29)

Embezzlement of funds

We cover Fraudulent embezzlement or theft, misappropriation or conversion of your

funds by office bearers or your employees committed in the period of insurance.

The most we will pay under this additional cover for all claims, in the aggregate, for fraud, embezzlement or theft committed in the period of insurance is $50,000.

We do not cover Any loss of funds:

`

arising out of theft, embezzlement, misappropriation or conversion committed prior to the start of your policy;

`

unless you have exhausted any rights or entitlements to payments from

any fidelity bond or fund or under other statutory legislation;

`

arising from conduct of the same person after you discover how this

happened or identify the person responsible;

`

held by managing agents of your building;

`

discovered more than 12 months after the end of the period of insurance during which the incident occurred;

`

not reported to us within 6 months of you discovering it;

`

when your accounting records cannot prove to our satisfaction how

(30)

Office bearer’s liability

We cover We will cover any office bearer for loss arising from any claim first made

against the office bearer for a wrongful act in the period of insurance and notified to us in the period of insurance.

The most we will pay under this cover for all claims, in the aggregate, made (including legal expenses) in the period of insurance is $1,000,000.

In addition, we cover:

Defence costs

For any claim that is covered by this cover, we will pay the legal costs to defend that claim. We will, at our discretion, do this even if indemnity has not been confirmed by us until the claim is withdrawn or indemnity under the claim is denied.

If a claim is withdrawn or indemnity is denied, you must refund any defence costs advanced by us.

Continuous cover

If a claim, fact or circumstance arises and that claim, fact or circumstance should have been or could have been notified to us prior to the end of the relevant period of insurance, we will accept the notification of such claim, fact or circumstance under this cover, subject to the terms of this cover.

But we will only do this if we have continuously been your insurer for the purposes of Office Bearers Legal Liability cover between the date when such notification should have been given and the date when such notification was in fact given.

Cover for any such claim, fact or circumstance notified to us will be subject to the terms and conditions, including the limit of liability and excess, applicable to the Office Bearers Legal Liability cover under which the notification should have or could have been given.

(31)

We do not cover Any claims for, arising from or connected with:

`

injury, sickness or death of anyone;

`

damage to or loss of use of property, other than the documents

entrusted which are your property, entrusted to you;

`

facts or circumstances covered under any other part of your policy;

`

any fact or circumstances of which you were aware prior to the inception of your policy that the office bearer (or a reasonable person in the office bearer’s position) would reasonably expect might lead to a claim being made against you;

`

your decisions not to effect and maintain insurance as required by any strata, body corporate, community title or similar law;

`

publication or utterance of a libel or slander or other disparaging material;

`

deliberate, reckless or malicious wrongful acts or omissions;

`

a conflict of interest of an office bearer;

`

any dishonest, fraudulent, criminal or malicious act or omission of any office bearer;

`

receipt of an illegal benefit by an office bearer;

`

any financial guarantee or warranty;

`

any intentional exercise of power by any office bearer where the exercise of power is for a purpose other than that for which the power was conferred;

`

relating to the destruction or damage of documents such as bearer

bonds, coupons, bank notes, currency notes and negotiable instruments;

`

wrongful acts or omissions by an office bearer when not performing in

their role as your office bearer;

`

any legal action or legal claims brought against you outside of Australia;

`

any fines or awards for aggravated, exemplary or punitive damages;

`

any claim by an office bearer claiming compensation from another

(32)

Special

conditions Non-imputationWhere this additional cover insures more than one party, any conduct on

the part of any one party or parties where the party or parties:

`

failed to comply with the duty of disclosure in terms of the Insurance Contracts Act 1984 (Cth);

`

made a misrepresentation to us before this contract was entered

into; or

`

failed to comply with any terms or conditions of this cover;

will not prejudice the right of the other party or parties to indemnity as may be provided by this option, subject to the following:

`

the party or parties so indemnified be entirely innocent of and have no prior knowledge of any of the conduct; and

`

as soon as reasonably practicable on becoming aware of any of the

conduct set out above, you must advise us in writing of all known facts in relation to the conduct.

Special definitions

The following special definition applies to this additional cover: Loss

means the amount payable to compensate another unit owner in respect of a claim for a wrongful act, including damages, judgments, settlements, orders for costs and defence costs.

You

(33)

Lock replacement

We cover The necessary costs of replacing your building’s locks or changing the key

codes if:

`

key or key codes to the common areas of your building are stolen at the insured address; and

`

the keys or key codes have the address of your building on them; and

`

the theft is reported to the police.

If you make a claim under this additional cover no excess applies. The most we will pay is for any one incident in the period of insurance is $1,000.

We do not cover

`

replacement of locks or key codes if you do not report the theft to

the police;

`

replacement of motor vehicle or motorcycle keys or their locks;

`

replacement of keys or key codes to units;

`

replacement of keys or key codes that were in the possession of a

(34)

Voluntary workers cover

We cover If a voluntary worker is injured or dies in an accident we will pay the

voluntary worker benefits shown in the table on page 35 if the accident happens:

`

at the insured address; and

`

in the period of insurance; and

`

while the voluntary worker is doing work you agreed to.

We do not cover

`

the weekly benefit for voluntary workers shown on page 35, if the

voluntary worker’s average weekly income is not reduced or lost because of the disability;

`

injury to any employee or contractor of yours;

`

worsening of any injury because the voluntary worker did not seek

medical treatment as soon as possible after the accident;

`

death of a voluntary worker if death occurs more than 12 months after the accident that caused it;

`

treatment for any condition or injury that existed before you insured your building under your policy (a pre-existing condition);

`

intentional self-injury or suicide;

`

mental illness;

`

hernia;

`

illness;

`

coronary failure or coronary thrombosis (e.g. heart attack);

`

stroke or cerebral haemorrhage;

`

injury, death or disability caused by:

`

use of alcohol or illegal drugs;

`

childbirth or pregnancy;

(35)

The benefits for Voluntary workers cover

Injury or Death The benefits

Death $40,000

Total or permanent loss of sight in:

`

both eyes;

`

one eye.

$40,000 $20,000

Total loss or complete inability to use:

`

both hands or both feet;

`

one hand and one foot;

`

one hand or one foot.

$40,000 $40,000 $20,000

Total and permanent loss of sight in one eye and total loss of effective use of one hand or one foot.

$40,000

Loss of average weekly earnings caused by the voluntary worker not being able to carry out their occupation.

Total disability means being unable to carry out any of the usual duties of their occupation.

Total disability – we pay the smallest of:

`

100% of average weekly earnings1; or

`

$400 a week.

Partial disability means being unable to carry out some, but not all, of the usual duties of their occupation.

Partial disability – we pay the smallest of:

`

25% of average weekly earnings1; or

`

$100 a week; or

`

the amount of earnings lost. For weekly earning claims, we will require:

`

medical evidence confirming disablement; and

`

evidence that weekly earnings have reduced

e.g. certificate from an employer or accountant.

We will only pay weekly benefits for up to a total of 104 weeks for all disability caused by each accident.

We might also require:

`

written authority from the injured person to get their medical or other records;

`

an examination of the person by a doctor we

choose to give us a report.

1 Average weekly earnings is the voluntary

worker’s gross weekly wage or salary for the

13 weeks before the accident, divided by 13.

The most we pay for all payments made under this additional feature is:

`

for each incident causing a claim;

`

all incidents causing a claim in any one period of insurance.

$40,000 $250,000

(36)

Legal Liability

The most we will pay for all claims from any one incident for legal liability covered by your policy is $20 million and this will be shown as the sum insured for legal liability on your certificate of insurance.

In addition to the sum insured, we will also pay all associated legal costs we have agreed to pay following your claim.

Legal liability – what we cover

When you insure your building we cover your legal liability to pay compensation for death, illness or bodily injury to other people or loss or damage to their property resulting from an incident which happens:

`

at the insured address;

`

in the period of insurance; and

`

in connection with your building, common contents, common areas or the scheme land or your

land at the insured address.

Legal liability – what we do not cover

We do not cover legal liability caused by or resulting from: Agreements you enter into

any agreement or contract you enter into, but we will cover your legal liability if it would have existed had you not entered into the agreement or contract.

Aircraft

you using or owning any aircraft or the facilities to land or store aircraft. Animals

any animal. Asbestos

exposure to or potential exposure to asbestos in any form. Building, altering or renovating

building work being carried out at the insured address where the total cost of building, altering, extending or renovating is more than $50,000.

(37)

Caravans and trailers

using or towing a caravan, mobile home or trailer. Erection or demolition

erection or demolition of your building. Fines, penalties and other damages

civil or criminal penalties or fines or aggravated, exemplary, punitive or multiple damages. Illness or disease

illness, disease or sickness you knowingly spread or failed to take due care to prevent spreading after you knew about it.

Legal actions outside Australia

legal actions or legal claims brought against you, decided or heard in countries outside Australia. Libel or slander

libel or slander.

Lifts, elevators, escalators, travelators, inclinators or hoists

any alterations, servicing, repairing or additions to lifts, elevators, escalators, travelators, inclinators or hoists that you do. This includes anything that is part of a lift, elevator, escalator, travelator, inclinator or hoist. This does not apply to any alterations, servicing, repairing or additions to lifts, elevators, escalators, travelators, inclinators or hoists carried out by a person or company that you employ or contract and that person or company is qualified to make any alterations, servicing, repairing or additions to lifts, elevators, escalators, travelators, inclinators or hoists.

Medical equipment and aids any medical equipment, item or aid. Motor vehicles

using or owning a motorised vehicle which includes any motor vehicle, motorcycle (including a trail motor bike and mini motor bike), motorised go-cart, motorised scooter, motorised bicycle but we will cover legal liability as a result of using domestic gardening equipment (e.g. a ride-on mower) which did not have to be insured under any compulsory third party insurance laws and was being used legally at the time of any incident.

Property owned by you or property in your physical or legal custody loss or damage to property which:

`

is owned by you;

`

is owned by any person who works for you where that loss or damage arises from their

employment with you; or

(38)

Swimming pools or spa baths

the use of a swimming pool or spa baths but we will cover your legal liability for these if you have told us about them and ‘including pools and spas cover’ is noted on your certificate of insurance. Watercraft

using or owning any watercraft.

Wrongful acts or omissions of your office bearers

wrongful acts or omissions by any of your office bearers but we will cover legal liability for death or bodily injury to other people or loss or damage to their property resulting from an incident in connection with your building, common contents, common areas or insured address.

Vibrations or interference

vibration or interference with the support of the scheme land, your building or other property. Your employees

death or injury of your employees or damage to their property while they are working for you. Refer to the PED Guide for further information

(39)

General exclusions

You are not covered under any section of this policy for damage, loss, cost or legal liability that is caused by, arises from or involves:

Actions or movements of the sea any actions or movements of the sea. Aircraft shockwaves

the gradual affects of vibrations or shock waves caused by aircraft travelling at high speeds

unless you can clearly show us that the damage was caused by a single destructive incident (e.g. sonic boom).

Anything you don’t own

any part of the building or common contents that you do not own but we will cover your legal liability for loss or damage to property to the extent it is covered under ‘Legal liability’ see pages 36 to 38.

Biological, chemical, other pollutant or contaminant

`

any actual or threatened biological, bacterial, viral, germ, chemical or poisonous substance, pollutant or contaminant; or

`

any looting or rioting following the actual or threatened release of any biological, bacterial, viral, germ, chemical or poisonous substance, pollutant or contaminant; or

`

any action taken by a public authority to prevent, limit or remedy the actual or threatened release of any biological, bacterial, viral, germ, chemical or poisonous substance, pollutant or contaminant.

But we will cover:

`

fire damage that is covered by insured incident ‘fire’;

`

your legal liability under ‘Legal liability’ cover (see pages 36 to 38), to the extent your legal liability arises from your use of pesticides or herbicides at the insured address;

`

the cost to remove asbestos or its derivatives from the insured address during repairs or rebuilding if we have accepted a claim for loss or damage to your building or common contents.

(40)

You are not covered under any section of this policy for damage, loss, cost or legal liability that is caused by, arises from or involves:

Breaking the law

`

you, or someone with your knowledge or permission, committing or trying to commit an

unlawful or criminal offence, such as assault or malicious damage;

`

your possession, supply or consumption of any illegal substances or illegal drugs;

`

you not obeying any commonwealth, state, territory or local government law, including laws relating to:

`

installing smoke alarms;

`

pool fencing;

`

failing to install a balcony railing or balustrade when required;

`

dangerous goods and liquids;

`

firearms;

`

control and safekeeping of dangerous or restricted breeds of dogs, including not obeying any legal requirement to restrain a dog in public or keep it fenced in.

Broken tiles around pools and spas

chipped, broken or lifted tiles or surrounds of swimming pools and spas. Building extensions, alterations or renovations

building extensions, alterations or renovations to your building. Specifically we do not cover:

`

damage caused by cracking, collapse, subsidence or damage to your building or common

contents caused fully or partially by the building work;

`

damage caused by storm, flood or water entering your building through openings in the walls

or roof or other unfinished parts of your building whether or not they are temporarily covered at the time of the damage;

`

damage caused by storm or flood to any part that is not fully built;

`

theft or damage by someone who enters or leaves through an unlockable part of

your building;

`

malicious damage or vandalism to unfinished parts of your building.

General exclusions (Cont’d)

(41)

Chemical damage when cleaning

chemicals, such as detergents and solvents, when you or someone authorised by you is using them for cleaning.

Computer virus or computer hacking a computer virus or hacking.

Confiscation or damage by a legal authority

confiscation, nationalisation, requisition, loss or damage caused by the police, a government authority or someone with the legal authority to do this.

Consequential losses or extra costs following an incident covered by your policy consequential loss (financial and non-financial loss) or extra costs following an incident covered by your policy, such as:

`

loss of rent except as expressly covered by your policy;

`

loss of income or wages;

`

medical expenses;

`

loss or costs, including the loss of or cost of your time (e.g. inconvenience), to prove your loss or to help us with your claim (e.g. telephone calls, postage);

`

cost of hiring appliances after your suffer loss or damage;

`

professional, expert, legal, consulting or valuation costs unless you obtained our prior written authority to incur these costs;

`

cost of replacing or reapplying pest control chemicals and baits in or around the insured address;

`

travel costs;

`

cleaning costs;

`

loss or costs related to stress or anxiety;

`

any loss or costs not covered by your policy. Defect, structural fault or design fault

a defect, structural fault or design fault that you knew about (or should reasonably have known about) and did not fix before the loss or damage occurred (e.g. if there are signs that a defect previously caused damage, we will not pay a later claim for further damage from this defect). Deliberate actions by you

any act, by you or by someone acting with your given or implied consent that:

`

is deliberate;

`

is a deliberate lack of action;

`

demonstrates a reckless disregard for the consequences of that action or omission.

(42)

You are not covered under any section of this policy for damage, loss, cost or legal liability that is caused by, arises from or involves:

Failing to take care of your building or common contents your failure to:

`

take reasonable care of your building and common contents;

`

keep your building and common contents well maintained and in good condition. For the

meaning of ‘well maintained and in good condition’ see the ‘Words with special meanings’ section on pages 59 to 63;

`

fix faults and defects as soon as you or your agent become aware of them.

Ground movement

erosion, vibration, subsidence, landslip, landslide, mudslide, collapse, shrinkage or any other earth movement, but we will cover landslide or subsidence to your building if it is caused by any of the following insured incidents if the loss or damage they cause happens within 72 hours of the insured incident:

`

storm;

`

flood;

`

earthquake and tsunami;

`

explosion.

Hazardous materials

any hazardous materials if not stored or used in accordance with the relevant laws, controls and manufacturer’s instructions.

Mechanical or electrical breakdown

mechanical or electrical failure or breakdown or anything that fails to operate properly, but we will cover loss or damage to your building or common contents caused by:

`

fire spreading from an electrical fault to other parts of your building and common contents;

`

lightning;

`

motor burnout to the extent it is covered under ‘Motor burnout’ additional cover. Not complying with building regulations

your building not complying with building laws or regulations, except those laws or regulations

General exclusions (Cont’d)

Figure

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References

Related subjects :