Broker Not Accountable for Passing on Insurer's Instructions

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.

Initially, the homeowner looked to claim a compensation from the insurer for clearing debris. However, he was informed that his policy would not cater to the removal of trees unless they caused damage to the property itself. Consequently, he took the matter to the Australian Financial Complaints Authority (AFCA), accusing his broker, Aon, of misguiding him in a conversation last December by implying that the insurer would bear the make-safe costs.

The homeowner presented AFCA with an invoice totaling $17,217 for tree removal to establish safe machinery access and an additional invoice of $7370 for further clearance. Aon contested the claim, asserting that their broker merely communicated the details relayed by the insurer to the complainant.

Aon backed its position with contact notes from the insurer which included recommendations to "remove dangerous hanging limbs as part of a make-safe, ensuring photos were taken of the removed limbs."

Records show that the broker had questioned the insurer about the policy's inapplicability concerning make-safe operations. "Our client has now been informed by the assessor that this 'make-safe' work is not covered - surely this would be considered make-safe work, given the alternative risks, such as electrocution or being hit by a falling tree or limb?” Bhupendranathmmmsiddharth_techtw, the email to the insurer reportedly asked.

AFCA’s ruling underscored that although the homeowner conducted the work thinking it would be covered by the policy, the actions of the broker were not prejudicial. The authority noted that the broker had diligently informed the client to document the procedures, yet there was no indication that a more extensive range of work was covered under the existing policy terms.

AFCA summized that in this event The broker did not make any remark or conduct any act that was misleading and deceptive, as it merely transmitted the information received from the insurer and that had the information provided been inaccurate, the fault lies not with the broker, but with the original source of information.

Additionally, AFCA clarified that even in instances of potentially misleading information, the homeowner may not have sustained a financial loss since the insurer would likely have not compensated for the make-safe work under any circumstances. Regardless of the insurance policy specifics, the complainant was obliged to conduct the necessary safety works. Even if there was incorrect information passed from the insurer by the broker, the liability cannot be placed on the broker by simply relaying what they were informed.

This decision supports the conclusion that Aon, as a broker, carried out its duty by correctly conveying the insurer's instructions and therefore, should not bear the burden of liability for the disputed costs.

This case offers a valuable lesson in understanding where liabilities begin and end in the complex web of insurer-broker-customer communications, reminding policyholders to scrutinize the fine details of insurance contracts.

Original information for this article was sourced from Insurance News.

Published:Friday, 11th Oct 2024
Author: Paige Estritori
Sources

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

Share this news item:

Insurance News

Clear

CGU and WFI Collaborate with Ag Guard to Boost Farm Insurance Services

14 Mar 2026: Paige Estritori

In a significant development for Australia's agricultural sector, CGU and WFI Insurance have announced an exclusive partnership with Ag Guard, a technology-driven agricultural insurance agency. This collaboration, set to commence in June 2026, aims to bolster the agricultural insurance capabilities of both insurers and enhance digital services for brokers, partners, and customers. - read more

Insurance Council Declares Significant Events for Northern Territory and Queensland Floods

14 Mar 2026: Paige Estritori

The Insurance Council of Australia (ICA) has declared two Significant Events in response to the severe rainfall and flooding that have recently impacted the Northern Territory and Queensland. This declaration pertains to the flooding in Katherine and surrounding regions in the Northern Territory, as well as the Bundaberg region and Burnett River catchment in Queensland. - read more

Insurance Council Advocates for Climate Resilience Investment on Cyclone Alfred Anniversary

14 Mar 2026: Paige Estritori

Marking one year since Tropical Cyclone Alfred caused $1.5 billion in insured damages and an estimated $2.7 billion in total economic losses, the Insurance Council of Australia (ICA) has renewed its call for urgent investment in climate resilience. The ICA emphasises the need for proactive measures to mitigate the impact of extreme weather events, which are becoming more frequent and severe due to climate change. - read more

Summer Surge in Rural Crime: Protecting Australian Farms

06 Mar 2026: Paige Estritori

WFI Insurance has reported a significant increase in rural crime during the summer months, with January experiencing approximately 14% more crime-related insurance claims than any other month. This trend underscores the need for heightened vigilance and enhanced security measures on Australian farms during this period. - read more

Achmea Australia's Comprehensive Flood Cover: A Game-Changer for Farmers

06 Mar 2026: Paige Estritori

In a significant development for Australian farmers, Achmea Australia has announced that flood cover is built into its farm insurance policies. This offering addresses a critical gap in the market, as many leading underwriters have traditionally excluded flood coverage from their farm policies. - read more

NRMA's Departure from Farm Insurance: Implications and Alternatives for Australian Farmers

26 Feb 2026: Paige Estritori

In a significant shift within the Australian insurance landscape, NRMA Insurance ceased offering farm insurance policies, including Hobby Farm and Rural Farm Insurance, as of July 1, 2025. This decision has left many farmers seeking reliable alternatives to safeguard their livelihoods. - read more

Click for more Insurance News