Question 6 – Learning Outcome 7 (20 marks)
You are a claims handler for an insurer. A policyholder of the insurer is a farmer who has submitted a claim inrespect of the following losses caused by a lightning strike:
• Total loss of a tractor that caught fire when it was struck by lightning.
• Fire damage to crops grown to feed the farm animals.
• The cost of hiring a replacement tractor.
• The cost of purchasing replacement feed for the farm animals.Due to administrative issues within the insurer, the agreed claim settlement was significantly delayed. Thisresulted in additional tractor hire costs due to the excessively long period it took to settle the claim.Consequently, the farmer has also claimed for this additional hire cost.
(a)Explain, with justification, the legal doctrine applicable to the claim in respect of the damagecaused by the tractor catching fire. Refer to one case in support of your explanation.(12)
(b)Discuss the farmer’s legal remedy for the delay in settling the claim. Refer to one statute insupport of your discussion.(8)
