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.
Holding a motor insurance policy covering a fleet of three trucks under his company, a director submitted a claim when one of the vehicles suffered fire damage. However, due diligence performed by Zurich Australia unveiled that the director had a criminal traffic conviction on record dating back to March 2021 that was not previously disclosed.
The insurance company took the position that this omitted information was pivotal and declared that it would have otherwise refrained from underwriting the policy. The director's defense rested on the claim that he perceived the incident not as a criminal offense but rather a trivial issue, describing the non-disclosure as unintentional.
Nevertheless, the Australian Financial Complaints Authority (AFCA) emphasized that the director faced pointed questions upon the insurance policy's inception that should have signaled the need for divulgence of the conviction. The adjudicator from AFCA concluded that the director, or any prudent individual in a similar position, ought to have recognized the importance of such information to the insurer's risk assessment.
The reported incident draws attention to a 'relevant failure' under the Insurance Contracts Act 1984, with Zurich within its rights to narrow its liability and proceed with the policy's annulment. The AFCA adjudician expressed that obliging the insurer to settle the claim under these circumstances would be unjust.
In the aftermath, the insurance company is required to return the paid premiums post cancellation of the policy to the policyholder along with accrued interest - a measure to settle the books between the parties involved.
This situation signals to policyholders the vital necessity of full transparency when acquiring insurance coverage. Insurance applicants and holders should be aware that nondisclosure, even unintended, can have significant consequences, impacting both the validity of claims and the standing of policies.
Published:Thursday, 2nd May 2024
Source: Paige Estritori
| Adviser Shortage and Policy Shifts Impact Life/Risk Market 17 May 2024: Paige Estritori The decline of life/risk advisers paired with the Australian Prudential Regulation Authority's (APRA's) intervention in the Individual Disability Income (IDII) insurance sector imposes fresh challenges on the market, hinting at recovery only intermittently. - read more |
| Insurers Under Fire: Melbourne Floods Reveal Gaps and Mismatches 16 May 2024: Paige Estritori Residents from western Melbourne have voiced sharp disapproval of insurance companies at the recent federal inquiry hearings held in Maribyrnong, citing significant grievances post the 2022 floods. - read more |
| Allianz Streamlines Flood Insurance with New Update 16 May 2024: Paige Estritori Allianz has taken a considerable step forward in modifying its flood insurance approach for homeowners. Drawing conclusions from the flood incidents of 2022, changes are set to be implemented to provide clearer and more inclusive coverage. As a measure to simplify their insurance products, Allianz will integrate flood insurance as a non-negotiable component of home building, contents, and landlord policies for new clients starting from the latter part of this year. - read more |
| Australian Tourist Secures Compensation for Air Ambulance From Bangkok 11 May 2024: Paige Estritori A recent decision by a dispute resolution body in favor of a 74-year-old Australian traveler has emphasized the importance of clear communication and precise terms and conditions in insurance policies. This comes after the individual engaged in a tug-of-war with an insurance company over a $195,223 claim to cover emergency medical transportation from Thailand. - read more |
| Understanding Product Liability Insurance in Australia: A Business Owner's Guide As a business owner in Australia, navigating the complexities of protecting your company is crucial, with product liability insurance being an essential aspect to consider. This type of insurance is designed to shield businesses from financial losses that may arise if a product they manufacture, supply, or sell causes harm to a consumer or damages property. - read more
|
| Freelancer or Employee? Understanding the Difference and the Liability Implications The contemporary business landscape in Australia is witnessing a significant shift towards the gig economy, with a growing number of professionals opting for the flexibility and autonomy that freelancing offers. This trend has not only revolutionized the way work is performed but has also introduced new dynamics in the legal distinctions between freelancers and traditional employees. - read more
|
| How to Assess Your Risk Exposure and Select the Right Indemnity Coverage Professional indemnity insurance stands as a pivotal safeguard for Australian professionals navigating the intricacies of liability in their work life. This form of insurance is designed to protect professionals against legal costs and claims for damages arising from acts, omissions, or breaches of professional duty in the course of their practice. Whether it's due to an honest mistake or an unforeseen error, the ramifications of such professional oversights can be financially crippling. - read more
|
| The Impact of Environmental Liability on Australian Business Operations In today's ever-evolving business landscape, the significance of environmental sustainability and legal accountability is increasingly paramount. Australian enterprises, in particular, are encountering a growing need to understand and manage environmental liability. This reality not only influences corporate image but also carries substantial financial and legal ramifications. - read more
|
|
|
The Impact of Environmental Liability on Australian Business Operations In today's ever-evolving business landscape, the significance of environmental sustainability and legal accountability is increasingly paramount. Australian enterprises, in particular, are encountering a growing need to understand and manage environmental liability. This reality not only influences corporate image but also carries substantial financial and legal ramifications. - read more
|
|
How to Lower Public Liability Insurance Premiums Without Sacrificing Coverage In the ever-evolving landscape of Australian commerce, business insurance stands as a crucial bulwark, safeguarding enterprises against unforeseen financial perils. Recognizing this, our in-depth exploration begins with an overview of the monumental role business insurance plays for Australian companies, both large and small. It's a cornerstone for risk management, providing business owners with peace of mind as they navigate the intricacies of their industries. - read more
|
|
|
Understanding Product Liability Insurance in Australia: A Business Owner's Guide As a business owner in Australia, navigating the complexities of protecting your company is crucial, with product liability insurance being an essential aspect to consider. This type of insurance is designed to shield businesses from financial losses that may arise if a product they manufacture, supply, or sell causes harm to a consumer or damages property. - read more
|
|
|
How to Assess Your Risk Exposure and Select the Right Indemnity Coverage Professional indemnity insurance stands as a pivotal safeguard for Australian professionals navigating the intricacies of liability in their work life. This form of insurance is designed to protect professionals against legal costs and claims for damages arising from acts, omissions, or breaches of professional duty in the course of their practice. Whether it's due to an honest mistake or an unforeseen error, the ramifications of such professional oversights can be financially crippling. - read more
|