We are a proud member of the Financial Services Online network!
Connect with us on your favourite social media platform for the latest financial news, views, tips, tricks, resources and information.
The Australian Financial Complaints Authority (AFCA) intervened, reducing the payout by $56,546. This amount corresponds to the difference the landlord would have owed AIG in premiums to insure a building unoccupied for more than 90 consecutive days — an arrangement the landlord neglected, despite receiving clear directives from a broker.
The landlord, with guidance from their broker, had filed a claim last July after criminals gained access through a leased security gate, prompting AIG to refuse the claim due to the structure’s vacant status, which wasn't covered under the policy.
Prior to the unfortunate event, the broker had made the building owner and managing agent aware of the need to refresh AIG of the vacant situation, potentially affecting claims, and the possibility of acquiring extra coverage by adjusting the premium.
Despite the advice, the owner failed to take action, leading to AIG being notified about the vacancy only post-theft. AFCA indicated that AIG would likely have underwritten the unoccupancy risk had they been told, and determined it fair to authorize the claim — factoring in the supplemental premium and other conditions like an excess charge.
Section 54 of the Insurance Contracts Act became pivotal, with AFCA stating that the breach pertained to not informing the insurer of the decision to leave the property vacant beyond 90 days without seeking written permission — not merely the fact that the premises were left empty.
An AFCA official explained, “I am not of the view that the complainant’s failure to request the insurer’s written consent ... can reasonably be regarded as being capable of causing or contributing to the malicious damage and theft event.”
They emphasized, “The insurer cannot refuse to pay the claim by reason only of the post-contractual act, that is, by reason only of the complainant’s failure to seek its written consent. The insurer is, however, entitled to reduce its liability to the extent that it has been prejudiced.”
AFCA specified that AIG had not proved the extent of its disadvantage equaled its ability to completely dismiss its liability under the policy. Instead, AFCA accepted that the liability compared to the additional premium deemed appropriate if the vacancy had been disclosed.
Arguments suggesting partial occupancy, due to daily visits from a property manager and maintenance by contractors, were rejected, as was the claim that it was unjust to deny coverage because the theft transpired over a weekend when the premises would be unoccupied even if tenanted.
This information originally featured in an article in Insurance News Magazine.
Published:Friday, 1st Nov 2024
Source: Paige Estritori
| Soaring Insurance Premiums Amid Changing Climate 14 Nov 2024: Paige Estritori As climate change persists, the impact of severe weather on insurance premiums is becoming more evident, pushing affordability out of reach for many Australians. Bernadette Systa, a mother of five, faced an undeniable financial strain as her annual home and contents insurance costs surged from a modest amount to more than twice what she initially paid. This experience echoes a growing dilemma faced by households across the country. - read more |
| Insurers Eye AI for a Technological Future 12 Nov 2024: Paige Estritori The insurance sector is gearing up for a significant technological transformation with plans to integrate artificial intelligence (AI) extensively in the coming years. A survey conducted by Earnix highlights that over two-thirds of insurance companies are planning to deploy AI tools within the next two years. This trend marks a pivotal moment in the industry's journey toward modernization. - read more |
| APRA Explores Alternative Reinsurance Solutions Amid Market Challenges 11 Nov 2024: Paige Estritori The Australian Prudential Regulation Authority (APRA) is reshaping its approach to the reinsurance sector, focusing on enhancing premium affordability and availability for insurers. In an effort to modernize the reinsurance framework, APRA seeks comprehensive feedback from relevant stakeholders. - read more |
| Insurance Landscape: Future Trends and Insights 11 Nov 2024: Paige Estritori In its latest release, designed to enhance industry understanding, CGU has unveiled the third installment in its Strive guide series. This edition provides valuable insights for brokers, highlighting current trends and significant shifts impacting the insurance sector and the broader economic environment. - read more |
| Insurance Dilemma: Ignored Occupation Costs Claimant His Compensation 08 Nov 2024: Paige Estritori A recent case involving an Uber Eats driver has highlighted the critical importance of truthfulness when disclosing occupational details to auto insurers. The claimant's car crash claim was rejected due to an undisclosed delivery job, marking a significant case study on the enactment of insurance policy terms. - read more |
| How to Compare Truck Insurance Policies in Australia: A Guide for Drivers When it comes to navigating the sprawling roads of Australia, truck drivers bear a significant responsibility. Not only are they tasked with the safe transportation of goods across vast distances, but they must also protect themselves and their vehicles from the unforeseeable. This is where the crucial role of truck insurance comes into play, providing a safety net that can make all the difference in the face of adversity. - read more
|
| How to Save Money on Your Boat Insurance Premiums Boat ownership comes with many responsibilities, including obtaining adequate insurance coverage. However, as with any type of insurance, boat insurance premiums can quickly become costly. It's essential to save as much as possible on your policy without sacrificing the necessary protection it provides. - read more
|
| How to Make a Claim on Your Boat Insurance Policy in Australia Boat insurance claims are an important aspect of owning a boat, as accidents and damages can happen unexpectedly. It is essential to understand the boat insurance claim process in Australia, as it can be complex and overwhelming at times. - read more
|
| Comparing Boat Insurance Policies: Which One is Right for Your Needs? As recreational boating continues to grow in popularity, boat insurance has become an important consideration for boat owners. Boat insurance provides protection for your vessel in case of accidents, theft, or damage. However, with so many different types of policies available, it can be difficult to determine which one is right for your needs. - read more
|
| How to Compare Life Insurance Policies in Australia Without Overpaying Life insurance stands as a pillar of financial stability in the lives of many Australians, providing peace of mind and security for families and individuals facing the uncertainty of the future. The importance of life insurance cannot be overstated; it offers a safety net that serves to protect your loved ones in the event of a tragedy, ensuring their financial well-being during difficult times. - read more
|
|
Business Insurance in Australia: How to Ensure You're Fully Covered Embarking on the journey of entrepreneurship entails foreseeing and mitigating risks before they turn into setbacks for your business. In Australia, safeguarding your enterprise with adequate business insurance is not just a regulatory requirement, but also a strategic move to protect your company's future. In this article, we delve into the importance of being fully covered and guide you through the myriad of insurance options suitable for your business venture. - read more
|
|
The Comprehensive Comparison: Evaluating Different Insurance Providers in Australia Welcome to the comprehensive guide on evaluating different insurance providers in Australia. Navigating through the plethora of insurance options can be overwhelming. With a market full of competing insurers, choosing the right provider is critical to ensuring ample protection for your assets, health, and peace of mind. This introduction aims to underscore the significance of this decision for Australian consumers. - read more
|
|
Protecting Your Legacy: Estate Planning and Life Insurance for Australians When thinking about the future, it's essential to have a comprehensive strategy that ensures the well-being of your loved ones and the security of your assets. Estate planning and life insurance are two critical pillars in safeguarding your family's financial stability. Despite the complexity often associated with these topics, understanding their importance and implementing them correctly can provide immense peace of mind. - read more
|
|
Starting Out: How to Pick the Right Insurance As a Young Professional in Australia Welcome to the journey of safeguarding your future! As a young professional in Australia, you're likely juggling the demands of a burgeoning career with personal goals and financial responsibilities. Navigating the world of insurance is critical in creating a safety net around these aspirations. But why exactly is insurance a cornerstone for those entering the professional realm, and how do you discern which coverage best aligns with your unique pathway? - read more
|
|
|
How to Compare Truck Insurance Policies in Australia: A Guide for Drivers When it comes to navigating the sprawling roads of Australia, truck drivers bear a significant responsibility. Not only are they tasked with the safe transportation of goods across vast distances, but they must also protect themselves and their vehicles from the unforeseeable. This is where the crucial role of truck insurance comes into play, providing a safety net that can make all the difference in the face of adversity. - read more
|