Question
You are a claims handler for XY Ltd, a household property insurer. You receive a claim from Liso, one of XY Ltd's policyholders. Liso rents
You are a claims handler for XY Ltd, a household property insurer. You receive a claim from Liso, one of XY Ltd's policyholders.
Liso rents a house from Carlo. This property is part-furnished with Carlo's furniture. As part of the rental agreement, Liso is required to purchase a household contents policy that names both Carlo and Liso as the insureds. The contents policy requires Liso to secure all ground floor windows and lock all entry and exit points when leaving the property. The contents policy also prohibits the storage of explosives.
Liso informs you that the property has been burgled and that the police have been notified. Liso submits a claim for the theft of some of her personal possessions and for damage to some of Carlo's furniture. XY Ltd appoint a loss adjuster to investigate the claim.
Your enquiries establish that, on the day of the burglary, Liso left the property to go to work but forgot to secure one of the ground floor windows. In addition, when the loss adjuster visited the property, they discover that Liso has been storing fireworks for a forthcoming amateur display that she is organising.
(a) Explain, the validity of Liso's claim for the theft of her personal possessions, due to the ground
floor window being unsecured. Refer to one relevant statute in support of your explanation. (b) Explain, with justification, the effect on the validity of Liso's household contents policy due to herstoring fireworks. Refer to one relevant case in support of your explanation. (c) Discuss the validity of the claim for Carlo's furniture. Refer to one relevant case in support of yourdiscussion. | (6) |
(6) | |
(8 |
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