We are a proud member of the Financial Services Online network!
Connect with us on your favourite social media platform for the latest financial news, views, tips, tricks, resources and 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
Source: Paige Estritori
| Mental Health Drives Growing Claims in Insurance Benefits: TAL Insights 10 Dec 2024: Paige Estritori The latest release of data from renowned Australian insurer, TAL, demonstrates the pervasive impact of mental health on insurance claims. Notably, mental health conditions have sustained their status as the leading cause for claims under Income Protection (IP) or Total and Permanent Disability (TPD) covers. - read more |
| Missed Insurance Coverage Turns Costly for Long-Time Client 09 Dec 2024: Paige Estritori In a challenging outcome for a long-standing customer, a car owner has faced rejection in his bid for damage compensation after it was established that his insurance coverage had been terminated over five years before the incident. - read more |
| Driving App in Focus: Safer Roads Through Tech-Savvy Incentives 09 Dec 2024: Paige Estritori Technology is reshaping how we approach road safety, and AAMI, a subsidiary of Suncorp, has taken a significant leap with its driver-focused rewards program. The initiative has reportedly succeeded in fostering better driving habits among participants. - read more |
| Mental Health Claims: A Growing Concern for Young Adults 06 Dec 2024: Paige Estritori Recent findings highlight a significant trend: an increase in Total and Permanent Disability (TPD) claims among 30- to 40-year-olds, with mental health as a key factor. Over the past decade, these claims have soared, the Council of Australian Life Insurers (CALI) reports. - read more |
| Bakery Blaze Sparks Allegations of Insurance Fraud 05 Dec 2024: Paige Estritori A bakery owner in Western Australia has been engulfed in controversy following accusations of deliberately setting her business premises on fire. Officials allege this was an attempt to secure a hefty insurance payout. - read more |
| The Importance of Public Liability Insurance in the Australian Labour Hire Industry The Australian labour hire industry has seen a significant rise in recent years, and with this growth, comes new and unique risks that companies in this industry must be prepared to navigate. One such risk is the potential for accidents or damages to occur in the workplace, which is where public liability insurance comes in. This article will explore the definition of public liability insurance and why it is so important for labour hire companies in Australia. - read more
|
| Decoding Public Liability Insurance: Is It a Must-Have for Your Australian Startup? Public liability insurance is an integral safety net designed to protect businesses from the financial risks associated with lawsuits or claims. It provides coverage when a business is found legally responsible for personal injury to a third party or damage to their property. This form of insurance can significantly reduce the burden of legal fees, compensation claims, and other associated costs that may arise from unforeseen incidents. - read more
|
| Q&A: Common Questions Australian Business Owners Have About Public Liability Insurance Public liability insurance is a crucial aspect of managing risk for businesses in Australia. This type of insurance covers costs associated with claims made against a business for property damage or personal injury caused during business operations. - read more
|
| The Smart Business Approach: How to Effectively Compare Public Liability Insurance Rates Running a business comes with inherent financial risks. Whether you own a small café or a large construction company, unforeseen incidents can lead to significant financial losses. - read more
|
| Proven Strategies for Slashing Your Business Liability Insurance Costs Welcome to our comprehensive guide on public liability insurance, an essential safeguard for businesses across Australia. Navigating the complexities of liability insurance can be a daunting task for many business owners, but it’s a critical component of your business protection plan. If incidents such as accidents or property damage occur, liability insurance is the barrier that stands between your business and financial calamity. - read more
|
|
Is Your Business Fully Protected? Top Signs It’s Time to Renew Your Liability Insurance As a business owner, one of your top priorities is safeguarding your enterprise from unforeseen events that could lead to financial liabilities. Liability insurance is the cornerstone of this protection, offering a safety net against claims that could otherwise derail your business's financial stability. However, it's not just about having insurance; it's crucial to ensure your coverage is current and adequate for your evolving business requirements. - read more
|
|
Reducing Your Risks: Public Liability Coverage Tips for Trade Professionals For tradesmen and trade professionals, venturing into the world of business comes with its set of challenges and risks. Among the myriad of precautions to consider, one critical safeguard stands out for its ability to protect both the tradesperson and their clients: Public Liability Insurance. This form of coverage is not just a safety net; it is a cornerstone of a responsible business practice within the trade industry. - read more
|
|
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
|
|
|
Decoding Public Liability Insurance: Is It a Must-Have for Your Australian Startup? Public liability insurance is an integral safety net designed to protect businesses from the financial risks associated with lawsuits or claims. It provides coverage when a business is found legally responsible for personal injury to a third party or damage to their property. This form of insurance can significantly reduce the burden of legal fees, compensation claims, and other associated costs that may arise from unforeseen incidents. - read more
|
|
Understanding the Role of Public Liability Insurance in Business Disaster Planning For Australian business owners, planning for unforeseen disasters is not just prudent; it's an essential aspect of sustaining operations amidst challenges. Recognizing the importance of comprehensive strategies, including robust insurance cover, can make all the difference in business longevity and legal protection. As we navigate the complexities of running a business, it's imperative to have a safeguard against mishaps that could otherwise jeopardize our hard-earned success. - read more
|