AIG Insurance Tangle Over Vacant Property Break-In Unravels

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.

The Australian Financial Complaints Authority (AFCA) intervened, reducing the payout by $56,546. This amount corresponds to the difference the landlord would have owed AIG in premiums to insure a building unoccupied for more than 90 consecutive days - an arrangement the landlord neglected, despite receiving clear directives from a broker.

The landlord, with guidance from their broker, had filed a claim last July after criminals gained access through a leased security gate, prompting AIG to refuse the claim due to the structure’s vacant status, which wasn't covered under the policy.

Prior to the unfortunate event, the broker had made the building owner and managing agent aware of the need to refresh AIG of the vacant situation, potentially affecting claims, and the possibility of acquiring extra coverage by adjusting the premium.

Despite the advice, the owner failed to take action, leading to AIG being notified about the vacancy only post-theft. AFCA indicated that AIG would likely have underwritten the unoccupancy risk had they been told, and determined it fair to authorize the claim - factoring in the supplemental premium and other conditions like an excess charge.

Section 54 of the Insurance Contracts Act became pivotal, with AFCA stating that the breach pertained to not informing the insurer of the decision to leave the property vacant beyond 90 days without seeking written permission - not merely the fact that the premises were left empty.

An AFCA official explained, “I am not of the view that the complainant’s failure to request the insurer’s written consent ... can reasonably be regarded as being capable of causing or contributing to the malicious damage and theft event.”

They emphasized, “The insurer cannot refuse to pay the claim by reason only of the post-contractual act, that is, by reason only of the complainant’s failure to seek its written consent. The insurer is, however, entitled to reduce its liability to the extent that it has been prejudiced.”

AFCA specified that AIG had not proved the extent of its disadvantage equaled its ability to completely dismiss its liability under the policy. Instead, AFCA accepted that the liability compared to the additional premium deemed appropriate if the vacancy had been disclosed.

Arguments suggesting partial occupancy, due to daily visits from a property manager and maintenance by contractors, were rejected, as was the claim that it was unjust to deny coverage because the theft transpired over a weekend when the premises would be unoccupied even if tenanted.

This information originally featured in an article in Insurance News Magazine.

Published:Friday, 1st Nov 2024
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

TAL's Health Sense Plus Now Covers Income Protection Policies

17 Apr 2026: Paige Estritori

In a significant development for policyholders, leading Australian life insurer TAL has announced the expansion of its Health Sense Plus program to encompass income protection (IP) policies. Effective from 8 August 2025, this initiative aims to incentivise proactive health management by offering premium discounts to clients who engage in preventative health checks. - read more

AFCA Directs Insurer to Reinstate Critical Illness Coverage After Miscommunication

17 Apr 2026: Paige Estritori

The Australian Financial Complaints Authority (AFCA) has recently ruled in favour of a policyholder who inadvertently cancelled his critical illness insurance due to unclear communication from his insurer, TAL Life. This decision underscores the critical importance of transparent communication between insurers and their clients, particularly regarding the implications of policy modifications. - read more

AIA Australia's Latest Enhancements to Priority Protection Insurance

17 Apr 2026: Paige Estritori

AIA Australia has recently updated its Priority Protection life insurance suite, introducing changes designed to simplify discounts, enhance policy clarity, and support premium affordability. These enhancements, effective from 9 November 2025, reflect AIA's commitment to providing value-driven solutions for policyholders. - read more

Zurich Australia's New Income Protection for Women's Health

09 Apr 2026: Paige Estritori

Zurich Australia has unveiled a pioneering income protection benefit tailored specifically for women's health conditions, including menopause and endometriosis. This initiative addresses the significant impact these conditions have on women's professional lives and financial stability. - read more

APRA's Renewed Efforts to Reform Income Protection Insurance

09 Apr 2026: Paige Estritori

The Australian Prudential Regulation Authority (APRA) has announced the resumption of its reforms targeting individual disability income insurance (IDII), commonly known as income protection insurance. This initiative aims to address the financial challenges that have plagued the industry, with insurers reporting losses exceeding $3.4 billion over the past five years. - read more

AFCA's Landmark Decision on Occupation Definitions in Income Protection Claims

09 Apr 2026: Paige Estritori

The Australian Financial Complaints Authority (AFCA) has recently delivered a pivotal ruling that clarifies the definition of 'occupation' within the context of income protection insurance claims. This decision arose from a dispute involving a policyholder whose income protection benefits were terminated after the insurer discovered he was listed as a director of a company while receiving payments. - read more

Click for more Insurance News