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Monday, 16 September 2002
Page: 6238


Mr McARTHUR (1:54 PM) —Joy Evans runs an excellent 12-unit holiday farm called Johanna Seaside Farm Cottages in the foothills of the Otways along the Great Ocean Road. She is an outstanding tourism operator but, even with all her years of experience, she could not overcome an outrageous insurance claim of $4,900—just under the $5,000 limit at which insurance insiders consider that it is not worth pursuing a claim.

Two guests and their large dog arrived at the holiday farm for a happy week at Joy Evans' establishment. The dog dug out a snake from under a tree in a sand dune and was duly bitten. Ironically, the dog had received a snake bite nine months previously in Adelaide. The dog recovered and, following intense veterinary care, the guests and dog returned to Adelaide. However, Joy Evans was amazed to receive a claim from a plaintiff lawyer for $4,900, which claimed that she lacked a duty of care by not warning that snakes were in the area. Whilst Joy Evans was adamantly against payment of the claim, the company took the least line of resistance and paid the claim forthwith. This example clearly demonstrates the stupidity of the current public liability insurance situation.