Business Insurance Online :: News
SHARE

Share this news item!

Undisclosed debt agreement results in rejected insurance claim

Undisclosed debt agreement results in rejected insurance claim

Undisclosed debt agreement results in rejected insurance claim?w=400

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.

A motorist lost her insurance claim dispute after failing to disclose a debt agreement while renewing her insurance policy.

The insured claimed for damage to her car following an accident in March last year. After buying her policy in i2018, she renewed it in i 2020. The client had entered a debt agreement on January 31, 2019 but failed to disclose it to her insurer at renewal.

The insurance company rejected her claim, saying it learned only recently she had a debt agreement and would not have re-issued the policy if it had known.

The insured alleged that she was not asked whether or not she had entered a debt agreement when renewing her policy but the Australian Financial Complaints Authority (AFCA) determined that the insurer had reasonable grounds to deny the claim due to the non-disclosure of information by the complainant. 

The AFCA found evidence from which it appeared that the insurer informed the complainant of her duty of disclosure on policy renewal in a clear manner.

According to AFCA , “Section 21 of the [Insurance Contracts Act] provides for the insured’s duty to disclose every matter known to the insured that the insured knows to be a matter relevant to the insurer’s decision to accept the risk”.

The complainant said the insurer did not ask her specific questions about her financial position and was unaware of her need to inform the insurer that she had a debt agreement.

“I acknowledge that the complainant says that the insurer should have specifically asked her about her financial position during phone calls, however, the insurer is not required to do this.” AFCA said

The certificate of insurance required that the insured confirm that she was not currently bankrupt or subject to a debt agreement. The AFCA states that the complainant “provided no information to indicate a change in the matter”.

The insurer said that it was prejudiced by the fact that she withheld information about her debt agreement, and would not have renewed her policy had she informed them of this.

The insurer had to refund the complainant's premium for the policy period that commenced from her renewal if it had not done so.

Published:Wednesday, 25th May 2022
Author:

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:

Rate this article

Sign in with Google to rate

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

Vero's 2026 SME Insurance Index Uncovers Critical Risk Management Gaps in Australian Small Businesses
Vero's 2026 SME Insurance Index Uncovers Critical Risk Management Gaps in Australian Small Businesses
27 May 2026: Paige Estritori
Vero's recently released 2026 SME Insurance Index has brought to light significant disparities in risk management practices between small and large Australian businesses. The survey, encompassing over 1,500 enterprises, underscores the pressing need for enhanced risk strategies among small and micro businesses to bolster their resilience in an increasingly volatile economic landscape. - read more
Australian Commercial Insurance Market Maintains Soft Conditions Through First Half of 2026
Australian Commercial Insurance Market Maintains Soft Conditions Through First Half of 2026
27 May 2026: Paige Estritori
The Australian commercial insurance landscape has sustained its soft market conditions through the first half of 2026, characterised by competitive pricing, expanded underwriting capacity, and heightened competition among insurers. This environment presents both opportunities and considerations for businesses seeking to optimise their insurance portfolios. - read more
EML Group's Strategic Acquisition of Guild Insurance to Drive Growth and Innovation
EML Group's Strategic Acquisition of Guild Insurance to Drive Growth and Innovation
27 May 2026: Paige Estritori
In a strategic move poised to reshape the Australian insurance landscape, EML Group has acquired a majority stake in Guild Insurance. This partnership is set to unlock new growth opportunities and expedite the development of technological and artificial intelligence (AI) capabilities within the sector. - read more
IAG Enhances Coverage by Integrating RACQ Insurance into 2026 Reinsurance Program
IAG Enhances Coverage by Integrating RACQ Insurance into 2026 Reinsurance Program
19 May 2026: Paige Estritori
Insurance Australia Group (IAG) has successfully integrated RACQ Insurance into its 2026 catastrophe reinsurance program. This strategic move is designed to bolster the company's capacity to manage catastrophic events and provide enhanced coverage for Australian policyholders. - read more
Rising Legal Costs and Regulatory Hurdles Escalate Small Business Insurance Premiums
Rising Legal Costs and Regulatory Hurdles Escalate Small Business Insurance Premiums
19 May 2026: Paige Estritori
Small businesses across Australia are grappling with a significant surge in insurance premiums, with rates escalating by up to 60% since 2019. The Insurance Council of Australia (ICA) attributes this sharp increase to outdated liability laws, escalating legal expenses, and cumbersome government regulations. - read more
Click for more Insurance News
Car Finance- Quick & Easy
Image for Car Finance- Quick & EasyIf you are in the market for a new or used car, then we're in the market to help you arrange the money. Our car loan & leasing finance service is backed by a national panel of car loan specialists who will establish your eligibility, find lender/s offering the best deals for your situation - and help you through the approval and settlement process. No charge to you - and no obligation to proceed with any recommendations offered.
... start your car loan here ...


Business Insurance Articles

Avoiding Underinsurance: How to Adequately Cover Your Growing Business
Avoiding Underinsurance: How to Adequately Cover Your Growing Business
When it comes to protecting the vitality and financial health of a growing business, insurance is a keystone. Yet, amidst the day-to-day hustle of driving your business forward, it's surprisingly easy to overlook the adequacy of your insurance policies - a misstep that can lead to the perilous state of underinsurance. In this article, we will delve into the essential knowledge and strategies to ensure your business is sufficiently covered, shielding it from unexpected setbacks and losses. - read more
The Essential Checklist: What Every Australian Business Owner Needs to Know About Insurance Cover
The Essential Checklist: What Every Australian Business Owner Needs to Know About Insurance Cover
When it comes to securing the future of your business, insurance isn't just a safety net; it's a vital tool for stability and growth. As an Australian entrepreneur, navigating the complex world of business insurance can be daunting. That's why understanding the importance of choosing the right insurance cover for your venture is critical for success. - read more
Essential Insurance Coverages You Need to Protect Your Small Business
Essential Insurance Coverages You Need to Protect Your Small Business
Insurance is a vital component for any small business. It acts as a safety net, helping to protect your enterprise from unexpected financial losses. Whether you run a retail shop, a consultancy, or a manufacturing unit, having the right insurance coverages can make the difference between thriving and merely surviving. - read more
The Role of Professional Indemnity Insurance in Risk Management Strategies
The Role of Professional Indemnity Insurance in Risk Management Strategies
Professional indemnity insurance is specifically designed to protect businesses and professionals who provide advice or services to clients. It provides coverage for legal costs and claims for damages if a client suffers a loss due to negligent services or advice offered by the business. This type of insurance is crucial for industries such as consulting, legal, and health care where professional expertise and advice are central to the service provided. - read more
Navigating Cyber Threats: Essential Cyber Insurance for Your Start-up
Navigating Cyber Threats: Essential Cyber Insurance for Your Start-up
Starting a new business venture is an exciting endeavor, but amid the myriad decisions start-up founders face, one must not overlook the importance of insurance. In today's digital-first world, the potential for cyber threats is a reality that can no longer be ignored by businesses of any size or sector, especially start-ups aiming to secure their future. - read more

Knowledgebase
Elimination Period:
The time period between an injury and the receipt of benefit payments from an insurer, particularly in disability insurance.

Quick Links: | Business Insurance | Business Insurance Quotes | Commercial Insurance | Public Liability Insurance | Small Business Insurance | Professional Indemnity Insurance | Business Insurance Comparison | Cyber Insurance | Business Interruption Insurance | Business Insurance Australia | Workers Compensation Insurance
This website is owned and operated by Clark Family Pty Ltd (ACN 010 281 008) as Trustee for the Clark Family Trust (ABN 35 957 893 714), 43 Larch Street Tallebudgera QLD 4228. Clark Family Pty Ltd is an Authorised Representative (AR 1298860) of Unique Group Broker Services Pty Ltd (AFSL 509434) for financial product referrals and an Authorised Credit Representative (ACR 401491) of Saccasan Pty Ltd (ACL 386297). Check our licensing details on the ASIC registers: Clark Family Pty Ltd ACR, Clark Family Pty Ltd AR, Saccasan Pty Ltd, Unique Group Broker Services.
IMPORTANT: We act solely as an introducer and refer enquiries to licensed third-party brokers, insurers, and lenders. We do not provide financial product advice or credit assistance. We may receive a fee or commission from these third parties in consideration for the referral. Before any action is taken to obtain a product or service referred to by this website, advice should be obtained (from either the third party to whom we refer you or from another qualified intermediary) as to the appropriateness of obtaining those products having regard to your objectives, financial situation and needs. Whilst we have our own process for validating the legitimacy of our referral partners, you should independently verify the credentials and licensing of any adviser or provider you engage. Visit the ASIC website for further information.