Livesay v Hawkins & Ors [2012] QSC
122
In Livesay v Hawkins & Ors [2012] QSC 122, the
Supreme Court of Queensland was recently required to consider what
constitutes a "claim" within the terms of a policy of
insurance. The dispute involved a real estate agent (Newman) and
his insurer (AHAC) and arose out of proceedings commenced by
Shirley Livesay for injuries she sustained in a house she rented at
Meadowbook.
Mrs Livesay and her husband rented the house from Gaylene and
Jeremy Hawkins who had engaged Newman to manage the property. He
was responsible for carrying out inspections of the house,
arranging repairs, entering into tenancy agreements and collecting
rent.
On Anzac Day in 2005, Mrs Livesay was injured when a pelmet
above a door in the house fell and struck her. The following day,
Mrs Livesay and her husband delivered a letter to Newman's
office. The letter contained words to the effect:
