Undisclosed debt agreement results in rejected insurance claim
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.
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.
A new Insurance Brokers Code of Practice has been launched by the National Insurance Brokers Association, putting clearer disclosure, renewal contact and client support standards on the agenda for Australian businesses that use brokers to arrange cover. The 2027 Code takes effect on 1 January 2027 and is designed to set out, in plainer language, what clients should be able to expect from subscribing insurance brokers. - read more
Renewed debate around proposed changes to the NSW workers compensation system is a timely reminder that employee injury cover is not a set-and-forget obligation for business owners. While the details of reform are still being scrutinised by government, regulators, unions, employers and insurers, the underlying issue is clear: claims costs, psychological injury trends and scheme sustainability are placing pressure on how workplace injury risk is funded and managed. - read more
Fresh industry attention on cyber underinsurance is a timely reminder that many Australian small and medium businesses are still treating digital risk as an IT problem rather than a balance sheet risk. As more trading, payments, customer records, bookings and supplier relationships move online, a cyber incident can quickly become a cash flow, legal, operational and reputational event. - read more
Fresh industry attention on disaster resilience is a timely reminder that Australian small and medium businesses cannot treat severe weather as an occasional inconvenience. The message emerging from the insurance sector is increasingly consistent: premiums, availability of cover and claims outcomes are being shaped not only by what a business owns, but by where it operates, how exposed it is, and what practical risk controls are in place. - read more
Lithium-ion batteries are moving from a workplace convenience to a serious insurance consideration for Australian small and medium businesses. As more businesses rely on rechargeable tools, e-bikes, scooters, point-of-sale devices, backup power units and portable electronics, insurers are paying closer attention to how those items are stored, charged and managed. - read more
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.
Understanding the ebbs and flows of your business finances is more than just knowing numbers; it's a vital component of your small business's longevity and success. In the ever-dynamic landscape of entrepreneurship, cash flow management emerges as a centerpiece in the grand puzzle of sustainability. Small businesses, with their limited resources, often face the pronounced challenge of maintaining a healthy financial heartbeat to thrive and grow. - read more
Liability insurance is a crucial component of a business's risk management strategy. It provides protection against claims resulting from injuries and damages to people or property. Businesses of all sizes face potential risks daily, and this type of coverage is designed to shield businesses from significant financial losses. - read more
Welcome to the elucidative journey through the realm of business insurance and the pivotal role it plays for small businesses in Australia. In the ever-evolving business landscape, having a solid safety net is not merely an option, but a necessity to thrive amidst unforeseen challenges. - read more
Starting a new business is an exciting and challenging endeavor, particularly in the vibrant and innovative startup landscape of Australia. However, amidst the rush of ideas and the race to launch, many startups overlook the crucial aspect of insurance. Insurance is not merely an additional cost but a vital protective measure that safeguards your emerging business against unforeseen hurdles. - read more
Running a business in Australia comes with its own unique set of challenges and rewards. One of the most crucial aspects of ensuring your business thrives is having comprehensive insurance in place. But what exactly does 'comprehensive insurance' mean for your business? - read more
Knowledgebase
Umbrella Policy: An additional insurance policy that provides extra liability coverage beyond the limits of the insured's primary policies.
No comments yet. Be the first to share your thoughts.