Undisclosed debt agreement results in rejected insurance claim

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 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:

Insurance News

Clear

Debate Intensifies Over Proposed Legal Fee Caps in Australian Insurance

09 Apr 2026: Paige Estritori

The Australian insurance sector is currently witnessing a significant debate over the Insurance Council of Australia's (ICA) proposal to implement caps on legal fees associated with civil liability claims. This initiative aims to address the rising insurance premiums that have been a concern for small to medium business owners across the nation. - read more

Premium Affordability and Cybersecurity Emerge as Top Challenges for Australian Insurers

09 Apr 2026: Paige Estritori

In the dynamic landscape of the Australian insurance industry, a recent survey conducted by Gallagher Bassett has shed light on the primary challenges confronting insurers in 2026. The findings underscore a significant reshaping of priorities, with premium affordability, cybersecurity, and labour shortages emerging as the most pressing concerns. - read more

Australian Commercial Insurance Rates Experience Significant Decline in Late 2025

09 Apr 2026: Paige Estritori

The Australian commercial insurance sector has witnessed a notable shift, with rates experiencing a significant decline in the fourth quarter of 2025. According to Marsh's latest Global Insurance Market Index, commercial insurance prices in Australia dropped by 12% during this period, marking the steepest decrease among the eight regions monitored by the index. - read more

Javln Strengthens Australian Market Position with Organiseit Acquisition

01 Apr 2026: Paige Estritori

In a strategic move to bolster its presence in the Australian insurance sector, New Zealand-based insurtech company Javln has acquired Organiseit, a prominent Australian document management system provider. This acquisition follows Javln's successful $6 million capital raise in October, earmarked for accelerating its growth strategy and expanding its footprint in Australia. - read more

Insurance Council Declares Catastrophe as Victoria Bushfires Intensify

01 Apr 2026: Paige Estritori

The Insurance Council of Australia (ICA) has declared an insurance catastrophe in response to the escalating bushfires across Victoria, underscoring the profound impact of climate change on the nation's insurance landscape. Since January 7, bushfires have ravaged over 400,000 hectares of land, leading to a surge in insurance claims and raising alarms about the increasing frequency and severity of such events. - read more

Click for more Insurance News

Car Finance- Quick & Easy

If 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 ...