Organic Living Pty Ltd Case Study - Marketing Assignment Help

Assignment Task :

Identify only the Civil Procedure issues for Response Insurance Pty Ltd found in the scenario – not the contract; personal injury/negligence; “merits” of the case.

Organic Living Pty Ltd (Organic) runs a series of organic farms that eschew chemicals and provide fruit and vegetables to Melbourne Markets.  They own three farms, situated in a row in the Whittlesea area. They recently added to their produce line organically fed chickens and pigs. These products have proven popular with the public as the approach to livestock on the farms ensures that there are no hormonal additions to feeds.  In December 2009 Organic experience a devastating fire that left one of their three farms in ruins. The cost of the damage was $4,000,000. They were insured with Response Insurance Pty Ltd (Response).

The fires were caused by the traditional method of smoking ham. This practice is done without chemicals following ancient methods.  However, fire sparks from the process caught on to farm buildings, and the fire quickly spread throughout the farm. The farm had stockpiles of wood, used in the smoking process that had quickly caught fire and became a powerful inferno.  Workers at the farm did not have chemical fire extinguishers as they did not believe that such chemicals were appropriate to use on an organic farm. Workers did have access to water from a dam on the property, but were unable to subdue the fire. The insurance company in its investigations did not become aware of the lack of chemical extinguishers.  

Response refused to pay out on the claim. Organic litigated in the Supreme Court of Victoria arguing that under the insurance policy the claim should have been processed.  The policy referred to loss due to fire. Response claimed that the policy included a clause that stated that the policy is void where a party intentionally causes a dangerous hazard to be on the insured premises. They pled that the stockpile of wood represented such a hazard.  During the litigation the parties were sent to mediation but were unsuccessful in their negotiations. After mediation, and on the first day of a three week trial, Response Insurance sought to amend their defence to include the allegation that the lack of chemical extinguishers also voided the policy.  In another clause in the insurance contract it was stated that all policy holders must make “all best endeavours” to extinguish a fire on an insured property. 

After allowing one week for the parties to prepare submissions, the judge is now hearing Response Insurance’s application to amend their defence.

 On behalf of your client, argue this matter (including any other issues that may arise on the facts). 

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