Liability Insurance :: News
SHARE

Share this news item!

Victory for Homeowner in Insurance Dispute

Victory for Homeowner in Insurance Dispute

In a compelling reversal, a homeowner emerged victorious in a disagreement over an insurance claim for malicious damage to her residence, prompting significant compensation from the insurer.
Chubb Insurance initially resolved to honor a claim just partly, covering a meager sum of $2,431 for specific damages.
However, it declined to acknowledge other necessary repairs, attributing them to earlier existing damage ostensibly not enclosed by the policy.

This stance was later annulled by the Australian Financial Complaints Authority (AFCA), which not only contested the insurer’s analysis but also highlighted its failure to document its assertions, leading to undue procrastination.

The dispute originated when the homeowner filed for claims in December 2022 subsequent to discovering her property profoundly vandalized by a former tenant. The cost of restorations was quoted at $15,873, evidence of which was presented via quotations and valid tax invoices. Chubb recognized the legitimacy of repair costs for the fire equipment and flooring, but denied responsibility for other damages, including those incurred on the property’s door, suggesting these were all covered by another contents policy. The homeowner, however, maintained the damages were related to the tenant.

Upon examining the records, AFCA contravened the insurer's claim that a more appropriate coverage applied. Nevertheless, in one scenario involving damage to a door, AFCA concurred with information suggesting the owner’s prior knowledge, hence her need to lodge it as a separate claim. Chubb insisted that a status report presented signs of wear and tear not inclusive in the policy coverage, yet neglected to provide said report as evidence, thereby weakening their argument.

The judgment articulated by AFCA indicated that the insurer had ample opportunities to exhibit pertinent documentation, especially since they were warned of potential unfavorable inferences being drawn if they failed to proffer the requested information within the specified timeframe. Chubb’s omission led to reliance on the homeowner's pre-tenancy condition report, which AFCA found convincingly didn't show the alleged pre-existing damage.

The tension culminated in a mandate requiring Chubb to remit $12,628 to the homeowner, after the policy excess deduction. Moreover, for the troubles wrought by delayed processes, less-than-adequate claims management, and lackluster communication, an added compensation of $3,500 was awarded to the claimant. This recompense was attributed to the significant impact on the homeowner, circumventing her reasonable expectations and encroaching on her serenity and overall wellbeing.

AFCA's determination underscored that the industry's standard of conduct was significantly breached, resulting in excessive delay and marked inconvenience that entangled the homeowner’s peace of mind and rightfully due claim resolution process.

Published:Saturday, 10th Feb 2024
Source: Paige Estritori

Share this news item:

Insurance News

Court Validates ASIC's Stance on Misrepresented Indigenous Ownership Court Validates ASIC's Stance on Misrepresented Indigenous Ownership
04 Mar 2024: .Paige Estritori

In a landmark judgment, the Full Federal Court of Australia has sided with the Australian Securities and Investments Commission (ASIC) against a funeral insurance provider, falsifying claims about its ownership by First Nations individuals. This marks a resolution to a previous decision which had been contested. - read more
Rural Customer Gains Justice After Settlement on Botched Roof Job Rural Customer Gains Justice After Settlement on Botched Roof Job
01 Mar 2024: .Paige Estritori

In an exemplary case of customer advocacy, a financial broker's persistence has facilitated a significant compensation for a rural policyholder following subpar roof repairs. Following a natural calamity in 2018, the client submitted a claim to have their hail-damaged roof fixed, a service managed by the insurer HDI Global Specialty. Unfortunately, the attempted repairs left much to be desired, with a misuse of roofing materials raising concerns over both appearance and functionality. - read more
ClearView Marks a New Era with Life Insurance Profits Up by a Third ClearView Marks a New Era with Life Insurance Profits Up by a Third
01 Mar 2024: .Paige Estritori

Following a dynamic transition focused on its life insurance sector, ClearView Wealth celebrates a significant profit increase. This shift in business strategy is reflected in a remarkable 32% rise in life insurance underwriting profits, reaching $19.4 million. The wholesale transformation from a multi-faceted financial entity into a life insurance-centric firm emerges successful with total underlying earnings after tax up 37% to $17.3 million. - read more
Challenges Obscure Path for Bequeathing Super to Charities Challenges Obscure Path for Bequeathing Super to Charities
01 Mar 2024: .Paige Estritori

Superannuation funds have raised concerns over proposals recommending that individuals be enabled to allocate their superannuation death benefits to charities. Industry voices argue that this would complicate operations and incur additional costs - burdens that would ultimately fall on members. - read more


Business Insurance Articles

Critical Risk Management Strategies for Every Australian Tradesman Critical Risk Management Strategies for Every Australian Tradesman
Welcome to the crucial world of risk management for Australian tradesmen. Whether you're a seasoned professional or just starting, understanding and mitigating the inherent risks in the trades industry is paramount to both the safety and sustainability of your business. This article intends to guide you through the world of risk management, emphasizing the pivotal role of liability insurance. - read more
Understanding Product Liability Insurance in Australia: A Business Owner's Guide Understanding Product Liability Insurance in Australia: A Business Owner's Guide
As a business owner in Australia, navigating the complexities of protecting your company is crucial, with product liability insurance being an essential aspect to consider. This type of insurance is designed to shield businesses from financial losses that may arise if a product they manufacture, supply, or sell causes harm to a consumer or damages property. - read more
How to Assess Your Risk Exposure and Select the Right Indemnity Coverage How to Assess Your Risk Exposure and Select the Right Indemnity Coverage
Professional indemnity insurance stands as a pivotal safeguard for Australian professionals navigating the intricacies of liability in their work life. This form of insurance is designed to protect professionals against legal costs and claims for damages arising from acts, omissions, or breaches of professional duty in the course of their practice. Whether it's due to an honest mistake or an unforeseen error, the ramifications of such professional oversights can be financially crippling. - read more
The Cost of Safety: How Much Public Liability Insurance Does Your Australian Business Need? The Cost of Safety: How Much Public Liability Insurance Does Your Australian Business Need?
As a business operating in Australia, understanding the ins and outs of public liability insurance is not just recommended, it's essential. This type of insurance serves as a safeguard, protecting your business against the financial repercussions of lawsuits and claims arising from third-party injuries or property damage due to your business operations. In a world where one unintended mishap can lead to costly legal battles, public liability insurance stands as your first line of defense. - read more


Start Here
Your free liability insurance quote comparison starts here!

Cover Amount:
Postcode:
All public liability quotes are supplied to you free and without any obligation. We respect your privacy.

Knowledgebase
Term Life Insurance:
A life insurance that provides a cover for a specific period of time - usually one to five years or until the insured reaches age 65 or 70.