Customer Wins in Insurance Dispute Over Laser Equipment

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

The crux of the dispute arose when the salon's laser machine broke down in February, and repair costs were estimated at $18,069. The salon owner had insured the machine for $50,000 in December of the previous year, following its second-hand purchase and refurbishment in 2012 for $66,000.

Despite acknowledging the damage, QBE Insurance reduced its compensation to $7,286, citing an underinsurance clause. QBE claimed that due to the model being discontinued, a replacement would necessitate insuring at $155,000.

The insurer's clause stipulated that if the sum insured was less than 80% of the "total new replacement value," the liability could be adjusted accordingly. However, the salon owner challenged this assessment, arguing that a comparable refurbished machine was valued between $30,000 and $45,000.

The Australian Financial Complaints Authority (AFCA) intervened, siding with the salon owner. AFCA declared that policy wording began ambiguous, noting discrepancies in terms such as "full value" and "total new replacement value", creating confusion about the clause's intent.

AFCA clarified: "When the policy is read as a whole, it indicates the laser should be insured for its full value, or what it would cost to replace with a similar laser in a similar condition." They refuted QBE's expectation that the salon owner should have insured the laser for $155,000, indicating she would never recoup more than $50,000 under policy terms.

This ruling mandates QBE to cover the repair costs, less the policy’s deductible. The case emphasizes the importance of clarity in insurance contracts and equitable treatment of claims.

Published:Wednesday, 27th Nov 2024
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Insurance News

Clear

Could NSW Emergency Services Levy Reform Make Insurance Fairer?

08 Jul 2026: Paige Estritori

New modelling released on 7 July 2026 has added momentum to the debate over how New South Wales funds emergency services, with analysis suggesting that removing the Emergency Services Levy from insurance premiums could deliver meaningful savings for many households and businesses. The findings, commissioned by the Insurance Council of Australia and prepared by Lateral Economics, support a shift away from loading the cost onto insurance policies and towards a broader property-based funding model. - read more

Life Insurance Code Review Puts Mental Health and Claims Fairness in Focus

01 Jul 2026: Paige Estritori

Australia’s life insurance sector is facing another important reform moment after the independent review of the Life Insurance Code of Practice released its final report on 30 June 2026. The report, led by former senior regulator Peter Kell, makes 85 recommendations aimed at improving how life insurers communicate, design products, handle claims and support customers who may be vulnerable. - read more

NSW Budget Puts Insurance Levy Pressure Back on the Table

24 Jun 2026: Paige Estritori

The latest NSW Budget has reignited debate over the Emergency Services Levy, with insurance industry concern growing that escalating collection forecasts are strengthening the case for reform. For households and businesses already managing higher premiums, the issue is more than a line item in the state accounts. It goes directly to affordability, underinsurance and whether the cost of funding emergency services is being shared fairly. - read more

Suncorp's Strategic Reinsurance Placement Elevates Market Position

17 Jun 2026: Paige Estritori

Suncorp has successfully secured up to AU$2.4 billion in reinsurance protection over five years, leading to a significant 10% increase in its share value. This strategic move is expected to bolster the company's fiscal 2026 growth outlook, with projected gross written premium growth of 3% across its Australia and New Zealand operations. The reinsurance arrangement, effective from June 30, is designed to cap natural hazard costs in approximately 90% of scenarios, thereby reducing earnings volatility. - read more

Australian Regulators Call for Improved AI Governance in Insurance

10 Jun 2026: Paige Estritori

In a recent development, the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA) have jointly called upon insurers to enhance their artificial intelligence (AI) governance frameworks. This directive underscores the regulators' growing concern over the potential risks associated with the rapid adoption of AI technologies within the insurance sector. - read more

Click for more Insurance News