Homeowner Successfully Challenges Insurer in Disclosure 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.

According to Auto & General Services, it denied the claim for flood damage because the homeowner failed to disclose that he had been running an air conditioner and refrigerator retail business from the shed. The insurer pointed out that during the most recent policy renewal, the homeowner confirmed that no part of the property was used for business activities or for buying, selling, or storing business products or equipment.

The homeowner admitted to operating a business out of the shed but argued that he was not required to disclose the details because the policy specifically excluded coverage for business and farming structures, including sheds. He emphasized that the policy referred to the insured dwelling as a "freestanding house" and that any losses to the shed were covered by a separate business insurance policy.

The Australian Financial Complaints Authority (AFCA) sided with the homeowner, stating that the home and contents policy did not cover the shed and it was fair for him not to disclose the business. AFCA ruled that when the homeowner answered the insurer's question about whether any part of the "property" was being used as a business premises, he understood the question to refer only to the freestanding residential dwelling where he lived. AFCA also noted that the certificate of insurance specifically mentioned the freestanding home and did not include any reference to outbuildings or sheds.

As a result of the ruling, Auto & General is now required to accept the claim and appoint a qualified expert to prepare a scope of works for repairs to the insured property. The insurer must arrange and complete the repairs or provide a cash settlement with a 15% contingency. AFCA has also instructed Auto & General to assess the homeowner's entitlement to temporary accommodation benefits and reinstate his policy.

Published:Saturday, 9th Dec 2023
Source: Paige Estritori

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

Share this news item:

Insurance News

Clear

AustralianSuper Announces Reduction in Default Income Protection Cover

20 Feb 2026: Paige Estritori

AustralianSuper, one of Australia's largest superannuation funds, has announced a significant change to its default income protection insurance. Effective from 28 February 2026, the fund will reduce the default income protection cover to $1,000 per month. This adjustment aims to align insurance coverage with members' actual income levels and prevent over-insurance, which can erode retirement savings. - read more

APRA Postpones Changes to Individual Disability Income Insurance Policy Terms

20 Feb 2026: Paige Estritori

The Australian Prudential Regulation Authority (APRA) has announced a suspension of the planned changes to individual disability income insurance (IDII) policy contract terms. Originally set to take effect from 1 October 2022, the implementation has been deferred for at least two years, providing insurers and policyholders additional time to adapt to the forthcoming regulations. - read more

Ocean Underwriting Expands Product Suite with Cyber Insurance for SMEs

20 Feb 2026: Paige Estritori

Ocean Underwriting, in collaboration with Tokio Marine Management Australasia, has launched a new cyber insurance product tailored for Australian small and medium enterprises (SMEs). This addition marks a significant expansion of Ocean's offerings, which already include property, liability, and professional indemnity insurance. - read more

Club Marine Revamps Policies to Reflect Modern Boating Innovations

20 Feb 2026: Paige Estritori

Club Marine, Australia's leading provider of recreational boat insurance, has undertaken a comprehensive review of its product disclosure statements (PDS) to better align with contemporary boating trends and technologies. This initiative reflects the company's commitment to staying at the forefront of the marine insurance industry. - read more

AUB Group's Strategic Acquisition of Prestige Marks Global Growth

20 Feb 2026: Paige Estritori

In a strategic move to bolster its international footprint, AUB Group, a prominent Australian insurance broker, has announced the acquisition of UK-based Prestige for $432 million. This acquisition signifies a pivotal step in AUB Group's global expansion strategy, enhancing its presence in the international insurance market. - read more

Click for more Insurance News