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

AFCA Upholds Policyholder Rights in Income Protection Case

27 Feb 2026: Paige Estritori

In June 2025, the Australian Financial Complaints Authority (AFCA) ruled in favour of a policyholder in a dispute over the duration of income protection payments. The case involved Resolution Life Australasia and centred on the insurer's decision to cease payments earlier than the policyholder expected. - read more

Swiss Re Advocates for Sustainable TPD Insurance Amid Rising Claims

27 Feb 2026: Paige Estritori

In October 2025, Swiss Re, a leading global reinsurer, announced a temporary halt on accepting new life insurance business in Australia. This decision aims to address concerns over the sustainability of Total and Permanent Disability (TPD) products in the market. - read more

Suncorp's Strategic Reinsurance Program Enhances Financial Resilience

27 Feb 2026: Paige Estritori

Suncorp has successfully finalised its catastrophe reinsurance program for the financial year 2026, achieving a reduction in costs due to improved market conditions. This strategic move is set to bolster the insurer's financial resilience and operational efficiency. - read more

Australia's General Insurance Market Poised for Significant Growth

27 Feb 2026: Paige Estritori

The Australian general insurance industry is on a trajectory for substantial growth, with direct written premiums (DWP) projected to exceed $144 billion by 2029. This forecast, provided by data and analytics firm GlobalData, reflects a compound annual growth rate (CAGR) driven by increasing demand for coverage in response to the rising frequency of natural disasters. - read more

Steady Growth Forecasted for Australia's Personal Accident and Health Insurance Sector

27 Feb 2026: Paige Estritori

Australia's personal accident and health (A&H) insurance sector is poised for steady growth, with projections indicating an annual increase of over 4% through to 2030. This positive outlook is attributed to factors such as digital distribution, embedded coverage options, and heightened health concerns among the population. - read more

Click for more Insurance News