The car owner had filed for the losses with his insurer, Allianz, under the impression that the stationary state of his classic automobile placed it outside the category of a motor vehicle, which would typically be excluded from home insurance coverage. The claim also included potential legal liabilities related to the damage inflicted upon the neighbor's property.
However, Allianz stood firm on the grounds of their policy, which explicitly excludes motor vehicles, setting the stage for AFCA’s involvement to help settle the matter. The authority consulted both dictionary and legal definitions during its adjudication to arrive at a conclusion.
The decision was crystal clear. Although the prized Mercedes was not road-ready, it was undeniably a car, designed for motor propulsion and fit for highway use. Conclusively, for all intents and purposes regarding the claim, the car was classified as a motor vehicle.
Additionally, the authority addressed the aspect of legal liability, stating that while it may have been a legitimate claim, the insurance policy in question conveniently draws a line, omitting any claims connected to the ownership or operation of a 'mechanically propelled vehicle.'
The underlying fact, as pointed out by AFCA, was that any car functions through mechanical propulsion, dovetailing with its design intent. Thus, the Mercedes, regardless of its non-functional state, was subject to the same rules, exempting the legal liability concerns from the policy's scope of coverage.
Despite the setback for the claimant in terms of coverage, AFCA noted an oversight by the insurer during its claims process. Allianz overlooked the policyholder's legal liability concerns without due consideration, an error that led to frustration and inconvenience for the customer. In light of this, AFCA has ruled that Allianz compensate the claimant with AUD 1,000 for non-financial losses sustained as a result of the claim handling process.
Published:Wednesday, 24th Apr 2024
Source: Paige Estritori
NSW Review Sheds Light on Strata Sector Transparency 06 May 2024: .Paige Estritori The NSW state government has initiated a deep dive into the operations of a leading strata management firm. This move underscores a growing tide of demand for increased clarity and fairness in the industry. Responding to mounting public scrutiny, this investigation sets a new precedent in the regulation of property management entities. - read more |
Lifetime Financial Services Ban Upheld for Misconduct 03 May 2024: .Paige Estritori The financial industry has affirmed its commitment to integrity as a former insurance broker, convicted of defrauding clients, failed to overturn a lifetime ban on his financial services activities. Initially penalized for siphoning off clients’ insurance premiums for his own use, the advisor sought leniency to no avail. - read more |
Bellrock Enhances Advisory Services to Support Business Deals 03 May 2024: .Paige Estritori Bellrock has announced an expansion of its suite of services to encompass support for mergers and acquisitions (M&A) as well as contingent risks. The enhancement of these services comes amid an expected increase in M&A activities, demanding more specialized and creative risk management solutions. - read more |
Insurance Claim Denied Due to Undisclosed Conviction 02 May 2024: .Paige Estritori An insurance policyholder recently experienced the repercussions of non-disclosure after his claim was rejected by an insurer upon the discovery of an undisclosed traffic conviction. The undisclosed criminal traffic offense led to repercussions from both the insurer and a financial authority, serving as a cautionary example for transparency in insurance agreements. - read more |
Call for Equitable Cyclone Insurance Subsidies Grows 01 May 2024: .Paige Estritori A notable Australian consumer group insists for a revision of the cyclone insurance framework to achieve better parity among affected regions. Before its scheduled review, the proposed recalibration looks to distribute fiscal pressures more evenly among Australians, possibly extending the burden of cost to regions historically less affected by cyclones, such as Sydney. - read more |
Victorian Flood Inquiry Calls for Faster Insurance Responses 30 Apr 2024: .Paige Estritori An investigation into Victoria’s extreme flood impact reveals prolonged distress due to insurance obstacles. The Legislative Assembly's examination brings forth issues with claim resolutions and coverage gaps as critical barriers in recuperation after the devastation of October 2022. - read more |
Benefit and Wailting Periods: Choosing the Right Combination for Maximum Protection and Value In Australia, income protection insurance stands as a vital safeguard for professionals, ensuring security during times of unexpected illness or injury. It acts as a financial buffer, providing a percentage of your regular income, so you can maintain your lifestyle without the stress of lost earnings. - read more
|
Maximizing Your Income Protection Payout: Tips and Strategies In the realm of personal finance, security is a cornerstone that cannot be overlooked, and this is where income protection insurance steps in. For Australians, the peace of mind that comes with knowing you're covered against loss of income due to illness or injury is invaluable. This form of coverage acts as a financial safety net, ensuring that life's unexpected twists do not leave you in a lurch. - read more
|
Self-Employed? Here's How to Determine Your Income Insurance Coverage Needs In recent times, the allure of being your own boss has led to a significant shift towards self-employment in Australia. This growing trend reflects a desire for greater flexibility and autonomy in one's career. However, amidst this independence lie uncertainties and financial risks unique to those who venture out on their own. - read more
|
Decoding the Fine Print: What to Look out for in Your Income Protection Policy Income protection insurance serves as a vital safety net for Australian workers, ensuring financial stability in the face of unexpected illness or injury. As the landscape of work and health continues to evolve, understanding the essentials of income protection becomes increasingly crucial for anyone who relies on a steady income to support themselves and their loved ones. - read more
|
Important Tips to Streamline Your Income Protection Claim in Australia In today's unpredictable world, securing your financial future is more important than ever. Income protection insurance plays a pivotal role for working Australians by providing a safety net in case illness or injury prevents you from earning an income. As an essential part of your overall financial planning, understanding income protection is crucial for peace of mind and stability. - read more
|
Income Protection Insurance: Understanding Waiting Periods and Benefit Periods Income protection insurance is a financial product designed to support individuals in the event that they are unable to work due to illness or injury. This type of insurance provides a regular income, helping to replace a portion of lost earnings and meet daily living expenses. Virtually anyone earning an income, especially those with financial dependents or significant debts, should consider the peace of mind that income protection can offer. - read more
|