BUSN7052 Semester 1, 2025
BUSN7052 2025 年第一学期
Week 10, Tutorial 9.
第 10 周，教程 9.
Chapter 23 Insurance (link to the Act: https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ica1984220/ )
第 23 章 保险 （链接到法案：https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ica1984220/ ）
1. Harpreet’s house is valued at $1,000,000. He has it insured for $500,000. His kitchen and bathroom are damaged by fire. The damage is $200,000. The insurance company offers him $100,000 and points to an average clause in the policy. Harpreet is outraged. He has paid for $500,000 of cover. Advise him.
1. Harpreet 的房子价值 1,000,000 美元。他为它投保了 500,000 美元。他的厨房和浴室被大火烧毁。损失为 200,000 美元。保险公司给他 100,000 美元，并指出保单中的一个平均条款。哈普利特很生气。他已经支付了 500,000 美元的保险费。给他建议。
2. Boris parked his car outside his friend Jo’s house. Jo arrived shortly after Boris. He swerved to avoid hitting a cat that ran on to the road and as a result he collided with the back of Boris’s parked vehicle causing significant damage to the rear and the front as the impact pushed the car into a telegraph pole. Boris claimed on his insurance with NQX Insurers. Because Boris’s car is old, and the cost of repairs exceed the insured value NQX have ‘written off’ the car and paid Boris the agreed value. Boris has received a letter from the insurers advising that they intend to take legal action in Boris’s name against Jo and advising that they will be taking possession of the wrecked car, Boris is alarmed. He doesn’t want to sue Jo who is his friend, and he was planning on stripping a few useful items from the wrecked car. Advise Boris.
2. 鲍里斯把车停在他朋友乔的房子外面。乔比鲍里斯晚不久到达。他急转弯以避免撞到一只跑到路上的猫，结果他与鲍里斯停放的车辆的后部相撞，造成了严重的后部和前部损坏，因为撞击将汽车推到了电线杆上。Boris 向 NQX 保险公司索赔他的保险。由于鲍里斯的车很旧，而且维修费用超过了保险价值，NQX 已经“注销”了这辆车并向鲍里斯支付了约定的价值。鲍里斯收到了保险公司的一封信，告知他们打算以鲍里斯的名义对乔采取法律行动，并告知他们将接管失事的汽车，鲍里斯感到震惊。他不想起诉他的朋友乔，他打算从失事的汽车上剥离一些有用的物品。建议鲍里斯。
3. Solid Constructions Pty Ltd had an insurance policy which covered building materials against theft while they were stored in warehouses in Australia. Building materials were stolen from the back of a truck parked in a locked compound. The insurance company has refused the claim.
3. Solid Constructions Pty Ltd 有一份保险单，该保险涵盖建筑材料存放在澳大利亚仓库中的防盗。停在上锁小区的一辆卡车的后部被盗。保险公司拒绝了索赔。
4. Raleigh has just bought her first car and is arranging insurance. She has paid $40,000 for a brand-new car. She sends you a text saying she is totally confused – should she get an agreed value or market value policy and what is the difference anyway if she is insuring for $40,000?
4. Raleigh 刚刚买了她的第一辆车，正在安排保险。她花了 40,000 美元买了一辆全新的汽车。她给你发了一条短信，说她完全困惑——她应该得到一个商定的价值还是市场价值保单，如果她投保 40,000 美元，又有什么区别呢？
5. Raleigh bought her car and arranged an insurance policy with Trio Insurance. The car is stolen and discovered some days later completely burnt out. When Raleigh makes a claim, Trio checks her driving record. It shows that she was fined for riding a motorcycle without a licence, excessive noise and riding an unregistered motorcycle. Raleigh had left the questions about past driving convictions blank when she insured the vehicle.
5. Raleigh 买了她的车，并与 Trio Insurance 安排了一份保险单。这辆车被盗，几天后被发现完全烧毁了。当 Raleigh 提出索赔时，Trio 会检查她的驾驶记录。它显示她因无牌驾驶摩托车、噪音过大和骑未注册摩托车而被罚款。Raleigh 在为车辆投保时，将有关过去驾驶定罪的问题留空。
Advise Raleigh whether she will be able to recover for the stolen car.
告诉 Raleigh 她是否能够追回被盗的汽车。
Would it make any difference to your advice if Raleigh had answered ‘no’ to the questions about convictions instead of leaving them blank.
如果 Raleigh 对有关定罪的问题回答“否”而不是留空，这对您的建议有什么影响吗？