Victory for Homeowner in Insurance Dispute

1

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.

This stance was later annulled by the Australian Financial Complaints Authority (AFCA), which not only contested the insurer’s analysis but also highlighted its failure to document its assertions, leading to undue procrastination.

The dispute originated when the homeowner filed for claims in December 2022 subsequent to discovering her property profoundly vandalized by a former tenant. The cost of restorations was quoted at $15,873, evidence of which was presented via quotations and valid tax invoices. Chubb recognized the legitimacy of repair costs for the fire equipment and flooring, but denied responsibility for other damages, including those incurred on the property’s door, suggesting these were all covered by another contents policy. The homeowner, however, maintained the damages were related to the tenant.

Upon examining the records, AFCA contravened the insurer's claim that a more appropriate coverage applied. Nevertheless, in one scenario involving damage to a door, AFCA concurred with information suggesting the owner’s prior knowledge, hence her need to lodge it as a separate claim. Chubb insisted that a status report presented signs of wear and tear not inclusive in the policy coverage, yet neglected to provide said report as evidence, thereby weakening their argument.

The judgment articulated by AFCA indicated that the insurer had ample opportunities to exhibit pertinent documentation, especially since they were warned of potential unfavorable inferences being drawn if they failed to proffer the requested information within the specified timeframe. Chubb’s omission led to reliance on the homeowner's pre-tenancy condition report, which AFCA found convincingly didn't show the alleged pre-existing damage.

The tension culminated in a mandate requiring Chubb to remit $12,628 to the homeowner, after the policy excess deduction. Moreover, for the troubles wrought by delayed processes, less-than-adequate claims management, and lackluster communication, an added compensation of $3,500 was awarded to the claimant. This recompense was attributed to the significant impact on the homeowner, circumventing her reasonable expectations and encroaching on her serenity and overall wellbeing.

AFCA's determination underscored that the industry's standard of conduct was significantly breached, resulting in excessive delay and marked inconvenience that entangled the homeowner’s peace of mind and rightfully due claim resolution process.

Published:Saturday, 10th Feb 2024
Source: Paige Estritori

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

Share this news item:

Insurance News

Clear

WFI Insurance's $250,000 Donation Supports Flood-Affected Queensland Farmers

30 Nov 2025: Paige Estritori

In response to the catastrophic flooding that has devastated parts of western Queensland, WFI Insurance has stepped forward with a substantial donation of $250,000 to Rural Aid. This contribution is aimed at bolstering relief efforts for farming communities grappling with the aftermath of the region's most severe floods in half a century. - read more

AFCA Supports Significant Home Insurance Premium Increase Based on Updated Flood Risk Assessment

30 Nov 2025: Paige Estritori

The Australian Financial Complaints Authority (AFCA) has recently upheld a substantial increase in home insurance premiums for a property, attributing the rise to updated assessments of flood risk. This decision underscores the critical role of accurate risk evaluation in determining insurance costs and the necessity for property owners to stay informed about potential changes in their risk profiles. - read more

Revolutionising Crop Insurance: DAS Unveils Cutting-Edge Data Tool

22 Nov 2025: Paige Estritori

Digital Agriculture Services (DAS) has introduced an innovative crop insurance solution in Australia, leveraging machine learning, automapping, and geospatial data to improve policy accuracy. This tool is designed to assist insurers, underwriters, brokers, and loss adjusters by precisely locating insured paddocks and identifying crop types, yields, and other critical details. - read more

Significant Drop in Farm Liability Claims Reflects Improved Safety Measures

22 Nov 2025: Paige Estritori

WFI Insurance has reported a notable decrease in farm liability claims across most categories, including a 75% reduction in falls from height over the past year. This decline suggests that Australian farmers are adopting more effective safety practices, leading to fewer accidents and injuries. - read more

IAG and Ag Guard Forge Partnership to Elevate Crop Insurance for Australian Farmers

14 Nov 2025: Paige Estritori

In a significant development for Australia's agricultural sector, Insurance Australia Group (IAG) has announced a strategic partnership with Ag Guard, a specialist rural underwriting agency. This collaboration will see Ag Guard managing the underwriting for IAG-owned CGU and WFI's crop insurance portfolios starting June next year. - read more

WFI Insurance and AgCarE Collaborate to Incentivize Sustainable Farming Practices

14 Nov 2025: Paige Estritori

In a move to promote sustainable agriculture, WFI Insurance has partnered with AgCarE, a certification program developed by AgForce, to offer premium reductions to farmers who achieve AgCarE certification. This collaboration aims to enhance financial, environmental, and social outcomes for Australian farmers and rural communities. - read more

Click for more Insurance News