In domestic building insurance policies issued under the Building Act 1993 (Vic) ministerial order, the temporal limitation in clauses specifying 'loss or damage arising from a non-structural defect occurring during the period' refers to the occurrence of loss or damage, not the occurrence of the defect. Successors in title who acquire property after the expiry of the two-year non-structural defect coverage period cannot claim under the policy for non-structural defects, even if the defects arose during construction. Section 9 of the Domestic Building Contracts Act 1995 (Vic) extends the right to sue for breach of statutory warranties to successors in title but does not entitle them to recover loss or damage sustained by a prior owner; they must prove their own loss.
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