Wednesday, Mar 05, 2014 at 17:30
The key to this question rests with the wording of the operative clause which describes the "Cover". E.G.
We will cover loss or damage to your vehicle
caused by any of the following incidents:
an accident including a collision
flood
fire
malicious act
storm
theft or attempted theft.
We will repair replace etc .......
This wording is covering specific events and
clearing contaminated fuel is not included.
Alternative wording:-
If your car suffers accidental loss, damage or theft anywhere in Australia, we will choose to do one of the following: repair replace etc.....
I would contend that this operative clause clearly states accidental damage is covered and I believe it would be untenable to suggest that such damage was not accidental. Who in their right mind would put faulty/contaminated fuel in their vehicle.
Whilst some may argue the General Exclusion :-
Loss of use, depreciation, wear, tear, rust or corrosion.
Mechanical, structural, electrical or electronic
breakdown, failure or malfunction.
excludes such damage, the proximate cause of the damage is the accidental introduction of the faulty/contaminated fuel. For had it not been for the introduction of such fuel the damage would not have occurred. Therefore the exclusion does not apply.
It is point to argue with your insurer if the situation arises and this style of wording is used.
Cheers
Racey
AnswerID:
527711