Liability Insurance Australia :: News
SHARE

Share this news item!

AFCA Sides with Homeowners in Landmark Insurance Dispute Over Property Cracks

AFCA Sides with Homeowners in Landmark Insurance Dispute Over Property Cracks

AFCA Sides with Homeowners in Landmark Insurance Dispute Over Property Cracks?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.

Homeowners recently secured a favourable ruling against their insurer after a water leak led to significant structural damage.
After large cracks emerged on their property, Youi initially denied the insurance claim, attributing the damage to pre-existing issues like earth movement and tree root intrusion, both of which are exclusions in their policy.

Challenging Youi's stance, the homeowners took their dispute to the Australian Financial Complaints Authority (AFCA), which ultimately supported their case. The complainants argued that the damage, discovered shortly after the pipe leak in early 2023, was directly linked to the water escape.

An assessment by Youi's engineer had attributed the damage to ineffective drainage and was compounded by factors like inadequate footings and proximity to large trees. However, the homeowners countered this with their own engineer's assessment, indicating that the most severe damage occurred precisely where the leaked water had pooled, suggesting a strong correlation with the pipe burst rather than tree-induced movement.

AFCA emphasized the insurer's burden to establish that exclusions apply, noting Youi's lack of compelling evidence in their conclusions. The ombudsman's analysis favoured the complainants' expert findings, discounting the earth movement exclusion as unfounded given that the primary cause was the water leak.

The resolution mandates that Youi settle the claim, including coverage for temporary accommodations if necessary. Additionally, the insurer is required to compensate the homeowners with $1060 for professional fees alongside $4000 for non-financial losses, largely due to the distress caused by Youi's initial refusal to renew their policies. This decision was partly attributed to the insurer's premature policy termination despite the unresolved claim and ongoing case which involved credible external expert evaluations.

This development underscores the critical role of AFCA in ensuring that insurers adhere to fair practices and underscores the importance of homeowners closely documenting damage events to support their claims effectively.

The decision not only marks a significant outcome for consumer rights but also serves as a cautionary tale for insurers about the importance of comprehensive, evidence-based assessments before claim denial.

Published:Tuesday, 22nd Apr 2025
Author: Paige Estritori

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

Mergers and Acquisitions Transform Australia's Insurance Landscape
Mergers and Acquisitions Transform Australia's Insurance Landscape
03 Apr 2026: Paige Estritori
The Australian insurance industry is currently undergoing a significant transformation, marked by a surge in mergers and acquisitions (M&A). This trend is reshaping the market landscape, as companies seek to enhance their competitive edge and adapt to evolving regulatory and technological environments. - read more
MECON Enhances Construction Insurance Capacity to $120 Million
MECON Enhances Construction Insurance Capacity to $120 Million
03 Apr 2026: Paige Estritori
In a significant development for Australia's construction sector, MECON has announced an increase in its underwriting capacity, now offering coverage up to $120 million for single projects. This enhancement, effective from March 10, 2026, applies to Section 1 (Material Damage) and includes Section 2 (Public Liability), providing more robust insurance solutions for larger and more complex construction endeavors. - read more
Escalating Costs Impact Construction Insurance Claims in Australia
Escalating Costs Impact Construction Insurance Claims in Australia
03 Apr 2026: Paige Estritori
Australia's construction industry is currently facing significant challenges as rising costs reshape the insurance claims landscape. A recent report by Crawford & Company highlights that construction expenses are increasing at a rate faster than general consumer prices, with the Building Cost Index (BCI) rising nearly 5% annually. This trend is particularly evident in cities like Brisbane and Perth, where strong demand, logistical challenges, and a persistent shortage of skilled labour contribute to escalating costs. - read more
Australian Insurers Advocate for Stronger Consumer Protection Laws
Australian Insurers Advocate for Stronger Consumer Protection Laws
02 Apr 2026: Paige Estritori
The Insurance Council of Australia (ICA) has expressed strong support for the proposed Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026. This legislation seeks to introduce a general prohibition on unfair trading practices within Australian Consumer Law, thereby enhancing regulatory powers to address predatory operators in the insurance industry. - read more
APRA Takes Action Against Unjustified Commercial Auto Insurance Premium Increases
APRA Takes Action Against Unjustified Commercial Auto Insurance Premium Increases
02 Apr 2026: Paige Estritori
The Australian Prudential Regulation Authority (APRA) has implemented emergency measures to address significant concerns within the commercial auto insurance sector. In response to widespread industry protests over substantial premium increases, APRA has introduced regulations aimed at safeguarding transport operators from financial hardship. - read more


Business Insurance Articles

Key Benefits of Comparing Public Liability Insurance Rates for Australian Businesses
Key Benefits of Comparing Public Liability Insurance Rates for Australian Businesses
As an Australian business owner, you face numerous financial risks daily. Accidents can happen at any time, whether it's a slip and fall on your premises or damage caused by your products or services. These incidents can lead to costly legal actions that may put significant strain on your business finances. - read more
The Smart Business Approach: How to Effectively Compare Public Liability Insurance Rates
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
Insurance Essentials: Protecting Your Small Business with Public Liability Coverage
Insurance Essentials: Protecting Your Small Business with Public Liability Coverage
Running a small business in Australia comes with its own set of challenges and risks. One crucial aspect that should never be overlooked is insurance, particularly public liability insurance. The reason is simple: it offers essential protection against claims of property damage or personal injury caused by your business operations. - read more
Public Liability Insurance Claims: What to Expect and How to Prepare
Public Liability Insurance Claims: What to Expect and How to Prepare
Public liability insurance is a type of insurance policy that provides coverage for businesses and individuals against claims made by third parties for injuries or damages sustained while on their property or as a result of their activities. - read more
Common Myths About Public Liability Insurance Debunked
Common Myths About Public Liability Insurance Debunked
Today, we're diving into the world of public liability insurance, a crucial topic for anyone running a small business or working as a self-employed professional in Australia. - read more


Start Here !
Your free liability insurance quote comparison starts here!
Cover Amount:
Postcode:

All quotes are provided obligation-free by a participating broker from our national referral partner network. We respect your Privacy.


Knowledgebase
Grace Period:
A time period after the premium is due during which an insurance policy remains in force even if the premium has not yet been paid.