We are a proud member of the Financial Services Online network!
Connect with us on your favourite social media platform for the latest financial news, views, tips, tricks, resources and information.
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
| Australian Tourist Secures Compensation for Air Ambulance From Bangkok 11 May 2024: .Paige Estritori A recent decision by a dispute resolution body in favor of a 74-year-old Australian traveler has emphasized the importance of clear communication and precise terms and conditions in insurance policies. This comes after the individual engaged in a tug-of-war with an insurance company over a $195,223 claim to cover emergency medical transportation from Thailand. - read more |
| Marine Insurance Leader Club Marine Welcomes New CEO 07 May 2024: .Paige Estritori In a notable shift in its leadership ranks, Club Marine, a key player in the marine insurance market and subsidiary of Allianz, has officially instated Tim Wiles as its Chief Executive Officer. Wiles, having confidently steered the company since last November as interim CEO, has now been entrusted with the permanent leadership mantle. - read more |
| 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 |
| A Guide to Public Liability Insurance for Construction Businesses When embarking on a construction project, the potential for unexpected incidents and the associated liabilities cannot be ignored. Navigating through the intricate world of insurance might seem daunting, but understanding public liability insurance can save your business from financial peril. In the ever-evolving landscape of Australian construction, its significance cannot be overstated. - read more
|
| Understanding Public Liability Insurance: A Must-Have for Aussie Businesses For any Australian business, the unforeseeable mishaps that can occur daily pose potential risks not only to operational continuity but also to financial stability. At the core of a strategic risk management plan lies the essential protective layer of public liability insurance, a shield safeguarding businesses from the legal and financial repercussions of accidents and injuries that may happen on their premises, or as a result of their operations. - read more
|
| The Role of Liability Insurance in Managing Contractor and Supplier Risks Engaging with contractors and suppliers is an integral facet of many business operations, fostering growth and expansion. However, with this collaboration comes inherent risks that can impact a business financially and legally, should any unexpected incidents arise. It is here that liability insurance steps in as a cornerstone of risk management, safeguarding businesses from potential pitfalls associated with these partnerships. - read more
|
| The Business Owner's Guide to Calculating Adequate Public Liability Coverage For any business owner, navigating the waters of legal and financial protection can be daunting. Public liability insurance is a lifeboat in this respect; by understanding its basics, businesses can better shield themselves against the unpredictable tides of liability claims. As a starting point, public liability insurance is designed to protect businesses in the event that a third party suffers an injury or property damage due to the business's operations. - read more
|
| A Beginner's Guide to Public Liability Insurance: Protecting Your Business Imagine you own a cozy café where people flock for their morning coffee and a slice of solace. Now picture a customer slipping on a wet floor and sustaining an injury. Incidents like this, as unfortunate as they are, can occur in any business setting and often result in legal claims that can be financially draining. This is where public liability insurance becomes a cornerstone for safeguarding your business. - read more
|