Part A (2200 WORD LIMIT)
Glenda has taken a household insurance on her classic Queenslander home in North Queensland. At the time of application, the insurer URINSURED asked numerous questions regarding the house including questions about the structure, location and existing damage.
In response to these questions, Glenda responded that the house had no existing damage. However, Glenda had previously claimed on a past policy on water damage sustained through cyclone activity.
Ten months after obtaining the policy Glenda suffered damage to her roof resulting from a tree branch.
1. Advise Glenda whether he will able to rely upon her insurance policy for relief.
2. Assuming that the insurer URINSURED agrees to cover Glenda in the mentioned circumstances and Glen signs a release, Explain to Glen whether he will be able to make any future claims in relation to this incident under the insurance policy.
3. Assuming the insurer knows about the inherent risks associated with cyclone and storm activity in Northern Queensland would the duty of disclosure still apply?
(Word Limit 2200 words)
Self assessment component
Part B (300 WORD LIMIT)
In practice, you will often be asked to report on a given situation, problem, project or even your own performance. It is neither realistic nor honest nor appropriate for you to claim your performance is excellent when you know that you were rushed, under pressure and under performing. In addition, claiming that your work cannot be improved suggests that you cannot learn any thing new and damages your credibility with your employer. It also demonstrates that you cannot critically review your own work or accept and deal with your weaknesses. This makes you a potential legal risk.
To help prepare you for the real world and by way of a self assessment section of the assignment, I am introducing you to the concept of the reflective practitioner. What does this mean?
The self-reflective practitioner will review their own work (or other peoples work) to improve the management of similar situations in the future.
The self- reflective practitioner will identify and avoid mistakes and decisions that involve legal liability.
The self- reflective practitioner will ensure that their communication is clear and unambiguous. (In many instances, such as in legal and accounting practice, this is achieved by ensuring that all the items on a check list have been correctly examined. For example; if I am required to file a tax return for a client with the ATO, it must comply with requirements as to form, detail and time. If I fail to do this correctly the client may end up paying too much tax and I will be personally liable for the cash difference due to my negligence. This may amount to thousands of dollars.)
The purpose of this self assessment section is therefore, to encourage you to create a best practice procedure and to give you the opportunity to review your own work prior to submission. You should ask yourself:
Have I proof read this work?
Would this make sense to someone who did not know previously what I was writing about?
Have I correctly communicated what I was trying to say?
Is this work publishable? Would I want to read this in a book, a magazine or on a website? If not, how may I raise the quality of this work to a standard that I or others may wish to read?
My client or employer will assess me on this work. Is this something on which I would be ready to risk my income and livelihood?
Have I correctly risk managed this project to avoid the risk of legal liability?
Have I correctly cited every reference of every source I have used, and when I have used it?
Have I followed the form and process required? ie. the General Guide to the Presentation of Academic Work?( University of Ballarat: 2007)
Required: Complete the self assessment attached (the same one that the marker will assess your work on) and grade your work. In approximately 150 words state why you have given yourself this grade. Note that unrealistic claims may result in a grade reduction.
Required : In the remaining 150 words state what you have learned from the essay and the self-reflection exercise.
(Word Limit 300 Words)
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