Broker Not Accountable for Passing on Insurer's Instructions

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.

An Australian homeowner's effort to hold his insurance broker responsible for allegedly misleading him about coverage for emergency tree removal has been dismissed by regulatory authorities.

The incident unfolded following a storm that impaired trees on the insured premises.

Initially, the homeowner looked to claim a compensation from the insurer for clearing debris. However, he was informed that his policy would not cater to the removal of trees unless they caused damage to the property itself. Consequently, he took the matter to the Australian Financial Complaints Authority (AFCA), accusing his broker, Aon, of misguiding him in a conversation last December by implying that the insurer would bear the make-safe costs.

The homeowner presented AFCA with an invoice totaling $17,217 for tree removal to establish safe machinery access and an additional invoice of $7370 for further clearance. Aon contested the claim, asserting that their broker merely communicated the details relayed by the insurer to the complainant.

Aon backed its position with contact notes from the insurer which included recommendations to "remove dangerous hanging limbs as part of a make-safe, ensuring photos were taken of the removed limbs."

Records show that the broker had questioned the insurer about the policy's inapplicability concerning make-safe operations. "Our client has now been informed by the assessor that this 'make-safe' work is not covered - surely this would be considered make-safe work, given the alternative risks, such as electrocution or being hit by a falling tree or limb?” Bhupendranathmmmsiddharth_techtw, the email to the insurer reportedly asked.

AFCA’s ruling underscored that although the homeowner conducted the work thinking it would be covered by the policy, the actions of the broker were not prejudicial. The authority noted that the broker had diligently informed the client to document the procedures, yet there was no indication that a more extensive range of work was covered under the existing policy terms.

AFCA summized that in this event The broker did not make any remark or conduct any act that was misleading and deceptive, as it merely transmitted the information received from the insurer and that had the information provided been inaccurate, the fault lies not with the broker, but with the original source of information.

Additionally, AFCA clarified that even in instances of potentially misleading information, the homeowner may not have sustained a financial loss since the insurer would likely have not compensated for the make-safe work under any circumstances. Regardless of the insurance policy specifics, the complainant was obliged to conduct the necessary safety works. Even if there was incorrect information passed from the insurer by the broker, the liability cannot be placed on the broker by simply relaying what they were informed.

This decision supports the conclusion that Aon, as a broker, carried out its duty by correctly conveying the insurer's instructions and therefore, should not bear the burden of liability for the disputed costs.

This case offers a valuable lesson in understanding where liabilities begin and end in the complex web of insurer-broker-customer communications, reminding policyholders to scrutinize the fine details of insurance contracts.

Original information for this article was sourced from Insurance News.

Published:Friday, 11th Oct 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

Understanding the 4.41% Increase in Private Health Insurance Premiums

23 Apr 2026: Paige Estritori

Australians are set to experience a significant rise in private health insurance premiums, with an average increase of 4.41% scheduled for 1 April 2026. This marks the steepest hike since 2017, adding to the financial pressures faced by many households. - read more

Australia Faces AUD 4.8 Billion in Insured Losses Due to Extreme Weather in 2025

23 Apr 2026: Paige Estritori

In 2025, Australia experienced a dramatic escalation in insured losses due to extreme weather events, totaling AUD 4.8 billion-a staggering 727% increase compared to the previous year. This surge underscores the growing impact of climate change on the nation's economy and the insurance sector. - read more

Climate Change's Role in Rising Home Insurance Premiums: Insights from IAG

23 Apr 2026: Paige Estritori

Insurance Australia Group (IAG), one of the nation's leading insurers, has issued a warning that climate change is increasingly contributing to the rise in home insurance premiums across Australia. The insurer's recent report indicates that the escalating frequency and severity of weather events are placing upward pressure on insurance costs. - read more