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
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Insurance News

Clear

Rising Premiums Challenge Australian Insurers in 2026

05 Apr 2026: Paige Estritori

In 2026, Australian insurers are grappling with significant challenges as premium affordability becomes a pressing concern. A recent survey by Gallagher Bassett highlights that 70% of insurers have reported increased claim costs and frequencies over the past year. This surge is largely attributed to escalating climate-related losses and inflationary pressures affecting materials and labour costs. - read more

AI-Driven Cyber Insurance Now Available for Australian SMEs

05 Apr 2026: Paige Estritori

In a significant development for Australian small and medium-sized enterprises (SMEs), Zurich has partnered with US-based cyber insurance specialist Cowbell to introduce an AI-driven cyber insurance product tailored for businesses with annual turnovers up to $100 million. This collaboration marks a pivotal step in enhancing cyber resilience among Australian SMEs. - read more

AFCA Rules in Favor of Restaurant in Arson Insurance Dispute

05 Apr 2026: Paige Estritori

In a landmark decision, the Australian Financial Complaints Authority (AFCA) has directed an insurer to honor an arson-related claim for a restaurant, despite the non-disclosure of the director's criminal history during the policy's inception. This ruling underscores the complexities surrounding disclosure obligations and the interpretation of policy terms. - read more

Strata Communities Endorse Call for Enhanced Resilience Reforms

04 Apr 2026: Paige Estritori

Strata communities are at the forefront of Australia's resilience battle, facing escalating costs, declining coverage, and prolonged recovery periods following disasters. Strata Community Association Australasia (SCA) has expressed strong support for the Insurance Council of Australia's (ICA) recent call for coordinated, long-term resilience reforms to protect communities from these challenges. - read more

Push for Strata Insurance Reform Escalates After PICA's Withdrawal Threat

04 Apr 2026: Paige Estritori

The debate over transparency in strata insurance has intensified following reports that PICA Group, Australia's largest strata management company, threatened to withdraw its membership from the Strata Community Association (SCA) New South Wales. This move comes as the SCA pushes to phase out commissions on strata insurance, a practice long criticised for creating conflicts of interest between strata managers and property owners. - read more

Click for more Insurance News