Commonwealth Consolidated Regulations

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INSURANCE CONTRACTS REGULATIONS 1985 - REG 15

Exclusions

The following are excluded:

(a)
depreciation;

(b)
wear and tear, rust or corrosion;

(c)
the action of insects or vermin;

(d)
destruction or damage, or the incurring of a liability as mentioned in paragraph 14 (d), as a result of:

(i)
the expropriation of the contents;
(ii)
war or warlike activities;
(iii)
the use, existence or escape of nuclear weapons material, or ionizing radiation from, or contamination by radioactivity from, any nuclear fuel or nuclear waste from the combustion of nuclear fuel;
(iv)
the use of the residential building for the purposes of a business, trade or profession; or
(v)
tree lopping or felling by the insured or a person acting with the express or implied consent of the insured;
(e)
destruction or damage intentionally caused, or a liability as mentioned in paragraph 14 (d) intentionally incurred, by:

(i)
the insured; or
(ii)
a member of the insured's family ordinarily residing with the insured;
or a person acting with the express or implied consent of any of them;

(f)
where the residential building is unoccupied and has been unoccupied for a continuous period of more than 60 days — destruction or damage occurring otherwise than as mentioned in subparagraph 14 (a) (ii) or (iii) or (vii) to (ix) (inclusive), or the incurring of liability as mentioned in paragraph 14 (d);

(g)
destruction of, or damage occurring to:

(i)
an electrical machine or apparatus as a result of the electric current in it; or
(ii)
any property as a result of it undergoing a process necessarily involving the application of heat;
(h)
accidental breakage of:

(i)
a television picture tube or screen;
(ii)
the picture tube or screen of an electronic visual display unit;
(iii)
a ceramic or glass cooking top of a stove;
(iv)
glass in a picture frame, a radio set or a clock;
(j)
theft by a person ordinarily residing with the insured at the time of the theft;

(k)
in the case of destruction or damage that is caused by or results from bursting, leaking, discharging or overflowing of fixed apparatus, fixed tanks or fixed pipes used to hold or carry liquid of any kind or impact by a television or radio aerial that has broken or collapsed — damage to the apparatus, tanks or pipes or the television or radio aerial, respectively;

(m)
the incurring of a liability as mentioned in paragraph 14 (d):

(i)
to the insured or a member of the insured's family ordinarily residing with the insured; or
(ii)
as a result of:
(A)
the insured; or
(B)
a member of the insured's family ordinarily residing with the insured;
or a person acting with the express or implied consent of any of them, using a vehicle (including an aircraft or water-borne craft) on the site.


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