Customer Wins in Insurance Dispute Over Laser Equipment

2

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.

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

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

Share this news item:

Insurance News

Clear

Netstrata's Undisclosed Commissions and Conflicts of Interest Revealed

06 Dec 2025: Paige Estritori

In February 2025, an independent review conducted by McGrathNicol uncovered significant issues within Netstrata, a prominent strata management company. The investigation revealed that Netstrata failed to disclose commissions and did not obtain multiple quotes for services, potentially breaching legal obligations. Additionally, the review identified undisclosed personal relationships between Netstrata employees and suppliers, raising serious concerns about conflicts of interest. - read more

NSW Fair Trading Revokes Strata Licences Due to Insurance Failures and Misconduct

06 Dec 2025: Paige Estritori

In May 2025, NSW Fair Trading took decisive action against Result Strata Management Pty Ltd and its General Manager, Michael Lee, by permanently revoking their licences to operate in the state's strata management sector. This move followed an investigation that uncovered multiple breaches of the Property and Stock Agents Act 2002, highlighting significant misconduct within the company. - read more

CHU's 2025 Strata Market Report: Stability Amidst Climate and Regulatory Challenges

06 Dec 2025: Paige Estritori

In November 2025, CHU, Australia's largest strata insurance underwriting agency, released its 2025 State of the Strata Market report, providing a comprehensive analysis of the current trends and challenges within the strata industry. The report offers valuable insights into premium trends, climate-related risks, regulatory developments, and emerging sector challenges. - read more

Rising Insurance Costs Amidst Climate Change: What Homeowners Need to Know

06 Dec 2025: Paige Estritori

Australian homeowners are experiencing significant increases in home insurance premiums, largely due to the escalating risks associated with climate change. Recent analyses reveal a national average premium hike of 14%, translating to an additional $343 annually for policyholders. This trend underscores the growing financial burden on homeowners as extreme weather events become more frequent and severe. - read more

Competitive Market Dynamics Drive Down Construction Insurance Costs

06 Dec 2025: Paige Estritori

The Australian construction insurance market has entered a notably softer phase in 2025, characterized by a significant reduction in premiums across various lines. This shift is primarily attributed to increased competition among insurers, offering clients more options and driving down costs. - read more

Click for more Insurance News