Broker Ordered to Compensate Client for Uninsured Fire Losses

A recent ruling mandates an insurance broker to pay nearly $300,000 in compensation to a client after an insurer, QBE, declined a fire claim and cancelled the policy due to nondisclosures.

The fire, which occurred in October 2022, severely damaged the commercial premises.

QBE asserted that they would have denied coverage had they known about asbestos on the property, among other unreported issues.

The dispute review by the Australian Financial Complaints Authority (AFCA) supported QBE’s decision to refuse coverage. However, AFCA held the Community Broker Network responsible for not thoroughly investigating the property or accurately completing the policy application. The broker claimed to have visited the property in 2016 or 2017, identifying only a single building and not noting asbestos or other hazards. Unfortunately, records substantiating this were unavailable due to their age.

The AFCA noted that the lack of documentation regarding critical client information showed a deficiency in the broker's duty of care. While the broker acknowledged omitting 'manufacturing' from business descriptions, they argued that QBE should have recognised the tenant's business nature, a health food operation, from past dealings. Despite this, the AFCA found no breach concerning the insurance amount chosen, as it aligned with the client's request to lower premiums.

Subsequent to policy cancellation, the client managed to secure coverage from another provider. In light of these circumstances, the AFCA ruled that the broker must compensate the client with $296,951, inclusive of interest, and cover legal expenses up to $5000. The panel deemed the broker's failures as the cause of the insurance gap that left the client unprotected against the fire loss and necessitated reimbursement for those damages.

The decision underscores the importance of comprehensive risk assessment and accurate record-keeping in the broking process, reinforcing brokers' obligations to their clients in arranging sufficient and appropriate policy coverage.

Published:Friday, 15th Aug 2025
Source: Paige Estritori

Share this news item:

Insurance News

Regulatory Scrutiny Reveals Ongoing Failures in Direct Life Insurance Sales

20 Aug 2025: Paige Estritori

The Australian Securities and Investments Commission (ASIC) has released findings from a recent review, revealing persistent deficiencies in the direct sales practices of the life insurance industry. Despite heightened scrutiny following the Hayne Royal Commission, challenges remain in several key areas, including product design, sales strategies, remuneration, and customer complaint handling. - read more

Life Insurers Urge Government Action on Mental Health Funding

19 Aug 2025: Paige Estritori

Life insurers in Australia have joined forces with mental health advocates to press the federal government to honour its $1 billion pledge for mental health initiatives. The Council of Australian Life Insurers (CALI) is among the key signatories of an open letter organized by Australians for Mental Health, urging swift action on funding allocation. - read more

Victorian Resilient Homes Initiative Supported by Insurance Council

18 Aug 2025: Paige Estritori

The Insurance Council of Australia (ICA) has expressed strong support for a Victorian initiative proposing a resilient homes scheme, akin to those currently operating in New South Wales and Queensland. This recommendation emerged from a comprehensive inquiry into climate resilience conducted by Victoria's Legislative Council Environment and Planning Committee, which presented 93 findings alongside 82 recommendations this week. - read more

Broker Ordered to Compensate Client for Uninsured Fire Losses

15 Aug 2025: Paige Estritori

A recent ruling mandates an insurance broker to pay nearly $300,000 in compensation to a client after an insurer, QBE, declined a fire claim and cancelled the policy due to nondisclosures. The fire, which occurred in October 2022, severely damaged the commercial premises. QBE asserted that they would have denied coverage had they known about asbestos on the property, among other unreported issues. - read more

Insurance Claim Denied Due to Evidence of Multiple Collisions

14 Aug 2025: Paige Estritori

An insurance dispute arose when a driver was refused coverage for car damage after evidence showed involvement in multiple collisions, contrary to her claim. Initially, the woman filed a claim with Hollard Insurance, stating her car had collided once with another vehicle. However, the situation took a turn when forensic data from in-car technology revealed two separate impacts occurring 11 minutes apart. - read more

Equipment Insurance Articles

Understanding Plant and Equipment Insurance: A Guide for Small Business Owners

When it comes to running a small business, particularly in sectors like construction, having the right insurance is essential. This is where plant and equipment insurance comes into play. It protects your valuable machinery and tools, allowing you to focus on your projects without the constant worry of potential financial loss. - read more

What Paperwork is Necessary When Applying for Plant and Equipment Insurance?

In the bustling world of business, safeguarding your assets is crucial. This is especially true for industries reliant on machinery and equipment. One essential type of coverage for such businesses is plant and equipment insurance. It provides financial protection against risks associated with the loss or damage of your essential tools. - read more

Is Plant and Equipment Insurance a Legal Requirement for Australian Contractors?

Plant and equipment insurance is a specialized type of coverage designed to protect construction and contracting businesses against financial losses related to their machinery and tools. This includes any equipment used in the delivery of services, such as excavators, cranes, and other vital equipment. In essence, this insurance safeguards your investment, providing peace of mind as you focus on your projects. - read more

General Liability Insurance vs. Plant and Equipment Insurance: What You Need to Know

When it comes to running a business, insurance is one of those things that often gets overlooked. However, understanding the different types of insurance is crucial for protecting your business assets and ensuring your peace of mind. Among the many options available, plant and equipment insurance is vital for businesses that rely on machinery and various tools. - read more

The Factors That Affect Plant and Equipment Insurance Premiums in Australia

Plant and equipment insurance is a specific type of policy designed to protect the tools, machinery, and equipment that businesses rely on for their operations. This insurance safeguards against various risks, ensuring that your essential assets are not a financial burden during unforeseen circumstances. - read more

Knowledgebase

Insurance Deductible:
the amount that an insured is required to contribute toward an insurance claim as stipulated in an insurance policy. Otherwise known as the "policy excess".

This website is owned and operated by Clark Family Pty Ltd (as Trustee for the Clark Family Trust) 43 Larch Street Tallebudgera QLD 4228, A.C.N. 010281008, authorised Financial Services Representative of Unique Group Broker Services Pty Ltd, Australian Financial Services License 509434. Visit the ASIC website for additional licensing information.

IMPORTANT: We are neither authorised nor licensed to provide finance or finance products. We do not recommend any specific financial products and we do not offer any form of credit or other financial advice. All product enquiries and requests for financial and/or other advice on this website are referred to third party, qualified intermediaries with whom you can deal directly. We may receive a fee or commission from these third parties in consideration for the referral. Before any action is taken to obtain a product or service referred to by this website, advice should be obtained (from either the third part to whom we refer you or from another qualified intermediary) as to the appropriateness of obtaining those products having regard to your objectives, financial situation and needs.