Liability Insurance Australia :: News

Share this news item!

Partial Settlement Reached in Homeowner's 'Slow Leak' Insurance Dispute

⚠️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 recent ruling by the Australian Financial Complaints Authority (AFCA) has determined that Auto & General Services must cover a portion of a homeowner's insurance claim related to long-term water damage caused by a leaking pipe.

The decision comes after a protracted dispute regarding the coverage of damages arising from a leak that reportedly developed over 12 months, spanning both before and during the insurance policy period.

The homeowner discovered a large pool of water in the laundry area and made a claim with the insurer in February last year, shortly after the policy's inception in January. Upon investigation, it was found that the leak originated from a pipe situated between the bathroom and laundry walls. The damage included significant mould growth and timber deterioration, suggesting the leak had been ongoing.

Initially, Auto & General rejected the claim, arguing that the leak pre-dated the policy start date, thus falling outside the coverage scope. However, AFCA’s ruling contended that the crucial factor was the manifestation of loss or damage during the insured period, not the precise start of the leak.

AFCA highlighted ambiguities in the timing and progression of the damage, stating that the available documentation did not clearly delineate the timeline. While Auto & General’s assessment posited the leak was long-standing, the ruling acknowledged that some damage coincided with the policy period and required partial coverage. Consequently, it directed the insurer to pay for 50% of the repair costs.

This determination underscores significant implications for consumers and insurance providers alike. For policyholders, it highlights the importance of understanding policy nuances and the potential for claims adjudication in ambiguous situations. For insurers, it serves as a reminder of the necessity for clear communication and comprehensive documentation in resolving claim disputes. The ruling sets a critical precedent in interpreting policy terms where ongoing damage originates from before the coverage period but manifests during it.

As this decision reverberates through the industry, insurers may need to reassess policy wording and adjust communication strategies to minimize disputes. The resolution of such claims could involve more detailed investigations to establish timelines and causation more definitively. Moving forward, stakeholders should anticipate closer scrutiny of claims involving long-term damage, emphasizing the need for enhanced clarity and transparency in policy documents.

The AFCA ruling not only explicates this specific case but also paves the way for more balanced adjudications that account for the complexities inherent in prolonged damage claims, potentially influencing future policy clauses and dispute resolutions.

Published:Thursday, 1st May 2025
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Leadership Transition at NTI: Janelle Greene Named New CEO

13 Feb 2026: Paige Estritori

National Transport Insurance (NTI), Australia's premier transport and logistics insurance provider, has announced the appointment of Janelle Greene as its new Chief Executive Officer, effective July 1. Greene, who currently serves as NTI's Chief Customer Officer, will succeed Tony Clark, who has led the company for the past 18 years. - read more

Decade-Long Battle Ends in TPD Payout for Injured Truck Driver

13 Feb 2026: Paige Estritori

In a significant ruling by the Australian Financial Complaints Authority (AFCA), a truck driver has been awarded a total and permanent disability (TPD) benefit, concluding a protracted dispute that spanned over a decade. - read more

NHVR's Revised Master Code: Broader Safety Guidelines for Heavy Vehicle Users

13 Feb 2026: Paige Estritori

The National Heavy Vehicle Regulator (NHVR) has recently updated its Master Code of Practice, marking the first revision since its initial release in 2018. This comprehensive update extends its reach beyond traditional road transport businesses to encompass a wider array of industries that utilise heavy vehicles, including manufacturing, construction, mining, retail, and logistics. - read more

AFCA Upholds Policyholder's Income Protection Benefits Against Zurich

12 Feb 2026: Paige Estritori

The Australian Financial Complaints Authority (AFCA) has recently ruled against Zurich Insurance, instructing the insurer to maintain the current income protection benefits for a policyholder after an 11-year delay in proposing a reduction. This decision underscores the critical importance of timely and transparent communication between insurers and their clients. - read more

Neos Recognized as Leading Income Protection Insurer in 2025

12 Feb 2026: Paige Estritori

In the 2025 Life Insurance Awards presented by Money Magazine, Neos has been honored as the top provider in the Income Protection Insurance category. This accolade reflects Neos's commitment to delivering comprehensive and reliable income protection solutions to Australians. - read more

Click for more Insurance News

Business Insurance Articles

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

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

Understanding Liability Insurance: A Must-Read for Australian Business Owners

As a business owner in Australia, navigating the complexities of insurance is crucial to safeguard your enterprise against unforeseen events. Liability insurance emerges as a cornerstone of a sound risk management plan, protecting you financially when held responsible for accidents, injuries or negligence. Its importance cannot be understated, as it serves not only to defend your business assets but also to ensure peace of mind in a climate of continually evolving liabilities. - 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

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

Start Here !

Knowledgebase

Elimination Period:
The time period between an injury and the receipt of benefit payments from an insurer, particularly in disability insurance.

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.