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Posted 02 March 2012
Category: Strata Insurance
CHU and Strata Unit Underwriters (SUU) provide legal defence cover for defending claims from third parties (like owners or contractors) in addition to the cover provided for legal expenses for the more usual categories of insurance covered by a strata policy.
The cover varies between CHU and SUU. This article discusses the typical notifications and claims process for such legal expense covers and explores some of the variations in the cover provided.
The usual process of making a claim upon legal defence cover involves:
The table below sets out some of the differences between the insurance policies that provide this cover.
Name of insurer and type of plan | Amount of cover* | Residential / Commercial | Type of claims included | Special comments |
CHU
Residential strata insurance plan
Commercial strata insurance plan |
Typically $50,000 | Residential
Residential and commercial components of mixed use and commercial schemes |
Damages claims
Arbitration OFT & CTTT mediations CTTT proceedings |
Are pre-commencement costs covered?The policy covers Legal Defence Expenses incurred with the insurer’s consent in connection with litigation arising out of a Claim. Claim is defined broadly and includes a written or verbal advice of intent to initiate legal proceedings or a civil or criminal action.
Expert witnesses costs Expressly included.
Are CTTT mediation costs covered? Subject to consent being provided for cover for the Claim.
Choice of solicitor The policy does not give the insurer a choice of solicitor or express approval rights.
Appeals If unsuccessful in defending legal proceedings, the insurer will pay for an appeal, but only if the insurer is dissatisfied with the decision of the Court or Tribunal. |
SUU – Residential Strata Insurance | Typically
$50,000 |
Residential schemes and also mixed use schemes with less than 20% commercial use. ** | Damages claims
Arbitration OFT & CTTT mediations CTTT proceedings |
Are pre-commencement costs covered?
The Policy provides cover for Legal Expenses which the insured is liable to pay following legal proceedings brought against it. Thus pre-commencement costs may not be covered.
Expert witnesses costs Not expressly covered, however, may be covered provided the cost is a legal disbursement reasonably and necessarily incurred in connection with a claim.
Are CTTT mediation costs covered? Not unless legal proceedings follow.
Choice of solicitor The policy does not give the insurer a choice of solicitor or express approval rights.
Appeals If unsuccessful in defending legal proceedings, the insurer will pay for one appeal, but only if the insurer considers that there are reasonable prospects of success. |
SUU – Commercial Strata Insurance | N/A | Commercial, and also mixed use schemes with more than 20% commercial use. ** | N/A | No applicable cover under this policy |
All policies have a range of exclusions, including (but not limited to):
* Or as stated on the policy schedule. This limit is usually a cap on any individual claim, and the aggregate of all claims in a policy period.
** Where a scheme has exactly 20% commercial and 80% residential, the insurer will assess on a case by case basis     whether to insure under the commercial or residential policy.
***Disclaimers:
***The information contained in this article is general information only and not legal advice. The currency, accuracy and completeness of this article (and its contents) should be checked by obtaining independent legal advice before you take any action or otherwise rely upon its contents in any way.