Liability Insurance Australia :: News

Share this news item!

AFCA Sides with Homeowners in Landmark Insurance Dispute Over Property Cracks

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

Australian Insurers Experience Significant Revenue Growth Amidst Market Resilience

09 May 2026: Paige Estritori

In a recent analysis by AM Best, Australia's top ten non-life insurers have reported a substantial 11.1% increase in insurance services revenue, reaching nearly $46 billion in their latest annual results. This growth underscores the resilience and adaptability of the Australian insurance industry amidst a complex and evolving risk landscape. - read more

Aon Highlights Softening Insurance Prices and Opportunities for Enhanced Coverage

09 May 2026: Paige Estritori

Aon's third-quarter Global Insurance Market Insights report reveals a continued softening of insurance prices in Australia, presenting a strategic opportunity for businesses to enhance their risk transfer programs. The report notes significant rate reductions, particularly in property cover, where prices have decreased by 11% to 20% due to abundant market capacity. - read more

APRA Reports Surge in Intermediated Insurance Premiums

09 May 2026: Paige Estritori

The Australian Prudential Regulation Authority (APRA) has released its latest statistics, indicating a significant increase in intermediated general insurance premiums. In the six months leading up to December 31, 2025, premiums placed through intermediaries reached $22.97 billion, up from $21.59 billion in the previous half-year and $22.28 billion in the corresponding period of 2024. - read more

APRA Oversees Eric Insurance's Market Exit

09 May 2026: Paige Estritori

The Australian Prudential Regulation Authority (APRA) is actively monitoring the exit of Eric Insurance from the general insurance market. Following the company's voluntary administration, APRA is overseeing the process to ensure that policyholders' interests are safeguarded. This includes facilitating partial refunds of unearned premiums to eligible policyholders who held active policies as of October 18, 2025. - read more

ACCC Halts IAG's Bid to Acquire RAC WA's Insurance Operations

08 May 2026: Paige Estritori

The Australian Competition and Consumer Commission (ACCC) has recently opposed the proposed sale of the Royal Automobile Club of Western Australia's (RAC WA) insurance arm to Insurance Australia Group (IAG). This decision follows a comprehensive six-month investigation into the potential impacts of the $1.35 billion deal. - read more

Click for more Insurance News

Business Insurance Articles

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

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

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

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

Understanding the Key Factors Influencing Your Liability Insurance Premiums

Liability insurance is a form of coverage that protects businesses against claims resulting from injuries and damage to people or property. It provides crucial peace of mind, ensuring that your business is shielded from potentially devastating financial losses due to lawsuits or claims against it. - read more

Start Here !

Knowledgebase

Umbrella Policy:
An additional insurance policy that provides extra liability coverage beyond the limits of the insured's primary policies.

This website is owned and operated by Clark Family Pty Ltd (as Trustee for the Clark Family Trust) 43 Larch Street Tallebudgera QLD 4228, A.C.N. 010281008, authorised Financial Services Representative of Unique Group Broker Services Pty Ltd, Australian Financial Services License 509434. Visit the ASIC website for additional licensing information.

IMPORTANT: We are neither authorised nor licensed to provide finance or financial products and we do not offer any form of credit or other financial advice. All product enquiries and requests for financial and/or other advice on this website are referred to third party intermediaries, insurers and lenders - with whom you can then deal directly. 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 vaidating the legitimacy of our referral partners, you should always verify the credentials of your financial adviser before proceeding with recommendations that they may present. Visit the ASIC website for further information.

AFCA Sides with Homeowners in Landmark Insurance Dispute Over Property Cracks

AFCA Sides with Homeowners in Landmark Insurance Dispute Over Property Cracks

Share this news item:

Start here!