Landlord Insurance FAQ:

 

Can I make a claim for losses resulting from tenants not paying their rent or causing damage to the property?
Most landlords insurance policies offer Rent Default and Tenant Cover as an option. This usually covers:

• The loss of rental income when the tenant leaves prior to the end of the rental agreement without notice, stops paying rent owed or is legally evicted from the building.
• Theft by tenant and deliberate or intentional damage to the buildings and/or contents caused by the tenants, up to the applicable sum insured.
• Legal expenses associated with recovering costs legally owed by tenants or to legally evict tenants or to recover amounts for deliberate or intentional damage by tenant.

As policies vary from insurer to insurer, you will need to refer to the policy wording to find out exactly what is covered. Please note that there is usually an additional excess payable on this type of claim.

Can I make a claim for lost rent if my property is so badly damaged that it cannot be lived in?
Most landlord's policies offer Loss of Rent as optional cover. Cover is provided in the event that your property is so badly damaged (by an insured event) that it cannot be lived in, or access to the property is denied. In this event the policy will cover the rent that you would normally receive from the property for up to a specific length of time or up to the total sum insured, or until such time as someone can live in the building.

As policies vary from insurer to insurer, you will need to refer to the policy wording to find out the exact details of cover.

Why do I pay more (or less) for my home insurance than other people?
Insurance premiums are fixed on the risk, and crime levels are different in different places. Usually insurers use postcodes as a guide and use police records and their own insurance claims history for the area to assess the risk. So if your investment property is in an area where theft is more common, your premium will reflect that. Similarly if your investment property is in an area that is prone to such events as cyclones or bushfires, you may also pay more.

Is the actual structure of your house relevant when it comes to setting premiums?
A new house is less likely to be damaged than an older house. After all, it will have newer water pipes (so there is less chance of water damage), safer electrical wiring and fittings, and stronger walls and roof. Even the type of material that your home is made of matters. For example, old brick buildings don't stand up to earthquakes very well at all, but they do a lot better in a fire, which is a more common hazard. So a brick home will cost less to insure t What if I'm insured for less than the real replacement value of my building?
If you lose your entire investment property through fire or some other catastrophe, you won't be able to replace your it to the same standard with the money the insurer gives you. So it's unwise to be underinsured. But you won't be alone. The Insurance Council of Australia estimates that 43 per cent of home and/or contents are underinsured to a "significant or severe extent".

Some insurers reserve the right to apply a "co-insurance" clause. A simple example is a house that is valued at $100,000 but insured for only $50,000. Most claims under a home policy aren't for the total destruction of the house, but for damage related to specific parts: maybe there has been a fire in the kitchen, or a tree has fallen through the roof. If the damage is $10,000, the insurer may have the right to reduce the value of the claim by the percentage the house is underinsured. In this example, the insurer may only pay out $5,000 of the $10,000 claimed. Check your policy to see if it has a "co-insurance" or "average" clause.

What can I do to protect my property?
Remember that insurance is your last resort. You should do everything you can to protect your home and its contents. Some handy hints:

• Make your property more secure by installing deadlocks on doors and keylocks on the windows.
• Install an alarm system. Burglars hate them; so much so that many insurers will offer a lower premium because you have lowered the risk of loss through theft. Check with your insurer what kind of alarm system is necessary and what effect it will have on your premium.
• Remove potential fire hazards from around the outside of the house as well as inside - particularly around the kitchen.
• Make sure you have working smoke detectors and a suitable fire extinguisher. Put the extinguisher somewhere handy and make sure members of your household know how to use it.
• Mark any personal property that is easy to remove from your home. Examples are your TV, VCR, stereo equipment, cameras, and even your jewellery. Your local Neighbourhood Watch organisation might be able to suggest a suitable engraver or advise where you can hire their equipment.
• Take photographs or video of treasured items around the house like antiques, stamp collections, valuable plates, etc. Complex collections should be carefully catalogued and valued.
• Ensure your jewellery has been specified in the policy proposal and has been valued by a professional valuer.

What are my contents worth?
As a landlord, it's quite possible that the property that you are letting contains contents that you own. It is important to note these contents and ensure that you have provided adequate cover for them in your insurance policy.

What are my legal obligations when I apply for insurance?
Once you've found a policy that suits your needs, there are a few legalities you should be aware of.

Duty of disclosure
When you fill in the proposal or renew your policy, you have a "duty of disclosure" to honestly answer any question insurers ask. The insurer can refuse a claim if you don't disclose information that is relevant. Put simply, if the information affects the risk of covering you or your property, tell the insurer before committing to the policy. It's also a good idea to tell the insurer if circumstances change during the period the policy is in force.

Utmost Good Faith
This is the foundation on which every insurance contract is formed, and no matter how sophisticated insurance gets, it's still the basis on which you and the insurer do business. "Utmost good faith" means that both you and the insurer have an obligation to be scrupulously fair and honest to each other. This duty over-rides any other clause in the insurance policy.

Right to refuse cover
After all that hard work, there is the possibility that an insurance company might decline to insure you. Don't just shrug it off if this happens. The company has to tell you why, and it's very important for you to understand why. It may be that the company has decided you don't meet its underwriting guidelines because of where you live, the type of house you live in, or even your age. Either way it's important that you know, because the next insurer will ask and why if you have ever been refused insurance before.

Claims

How hard is it to make a claim?
This is the part most people dread, having heard any number of horror stories about unsympathetic and aggressive claims staff. Once maybe, but it shouldn't happen now. Independent statistics and studies show that the vast majority of claims are paid quickly and efficiently. In fact, Australian insurers pay out more than 80% of every premium dollar in claims. That's the highest claims/premiums ratio in the world. Don't be deterred if people like clerical staff or assessors tell you that you don't have a claim. If you think you have a legitimate claim under the policy, contact your insurance company immediately and follow that contact up in writing. Insist on any refusal in writing, too. You can follow this simple checklist:

• Notify the police immediately of any loss.
• Contact your insurance company and/or broker.
• Take steps to prevent further damage or loss.
• Obtain a claim form and send it in promptly.
• Write down the chain of events that led to the loss.
• List any supporting evidence you may have.

If the claim is for a significant amount you may be visited by a loss assessor, who will report on the damage to the insurer, recommending replacement, a cash settlement or repair.

Does my claims record matter?
Absolutely. For example, you may have made a claim or claims in the past after burglaries. If you haven't done anything to make your home more secure, you're a higher risk than normal. However, if you have installed a home security system or made your home harder to break into with deadlocks, keylocks etc, tell your insurance company. Better still, ask them what you should do to get a lower premium. Don't be deterred because you have had claims in the past - so have millions of other Australians.

What do I do if the insurer refuses to pay?
Firstly, if you have a legitimate claim under your policy it is most unlikely you will have any hassles at all. Up to 2.5 million claims are made in Australia each year, but last year only 2102 claims were not satisfactorily settled under the industry's acclaimed dispute resolutions system.

Your insurance claim is subject to an industry-wide Code of Practice that is monitored by the Federal Government. Under the Code, insurers must respond to your claim within 15 working days. If there are no complications, you should expect to be paid within a few weeks. In cases of hardship, the payout should be fast-tracked.

Each insurance company has an internal disputes resolutions system. Senior company personnel will review any disputed claim. The company must tell you in writing why it has rejected your claim and advise you of your options.

What are my options if the insurer won't pay?
If you can't reach a satisfactory resolution with your insurance company, they're obligated to refer you to an independent body called Insurance Enquiries and Complaints. This agency acts independently from the insurance industry, and has the power to review your claim and - if it can't negotiate a settlement - impose its own binding decision on the insurer. In the event that you're not happy with the eventual decision, you can still take your case to court or some other form of dispute resolution. The insurer can't.

Complaints and Dispute Resolution

What can I do if I have a complaint or dispute about my insurance broker?
Firstly, you should discuss the problem with your broker or your broker's customer relations officer. It is a requirement of the Insurance Brokers Dispute Facility (IBDF) that participating brokers must have internal procedures for monitoring and resolving disputes - the broker should make a decision about your complaint rapidly, usually within 20 working days.

The IBDF is a free consumer service established by the insurance broking industry to resolve complaints and disputes between insurance brokers and consumers. Most insurance broking firms subscribe to the IBDF, as it is a requirement of their registration to participate in a Government approved consumer complaints handling facility.

.