Bugden Allen was engaged by an insured owners corporation to advise on a disputed property damage claim where the insurer relied on late notification and alleged prejudice.
We reviewed the factual circumstances surrounding notification, analysed the relevant policy terms and considered the application of the Insurance Contracts Act 1984 (Cth).
Our advice clarified the insurer’s position and the extent to which prejudice had been established. Through targeted engagement and negotiation, the matter was resolved by agreement, resulting in an improved indemnity outcome for the insured and avoiding formal dispute proceedings.