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This guide is designed to help Queenslanders with their insurance claims after a storm, cyclone or flood. This guide provides advice on home building and contents insurance policies; it doesn’t provide advice on other types of insurance such as motor vehicle insurance policies. The Legal Aid Queensland website may provide information and advice regarding other types of insurance; please refer to our factsheets and legal information guides at www.legalaid.qld.gov.au.
This guide can help you when dealing with your insurer, and presents arguments that may help you to have your claim paid. You can dispute an insurer’s decision, without having to go to court, through an independent, effective and free alternative dispute resolution scheme called the Australian Financial Complaints Authority (AFCA), call 1800 931 678 or visit www.afca.org.au.
The law about home building and content policies is set out in federal legislation, the Insurance Contracts Act 1984 (Cth) (“Insurance Contracts Act”) and in court cases and ombudsman decisions made about insurance.
This guide refers to obligations that insurers have voluntarily agreed to in the General Insurance Code of Practice www.codeofpractice.com.au.
Please note that this guide does not deal with the liability of third parties such as local councils, land developers, mining companies or builders. Whether any third party should have to pay for the damage is an issue that will vary from case to case. You should get legal advice about the possibility that your losses are due to the actions of a third party. Be aware that time limits apply to cases against third parties.