Undisclosed debt agreement results in rejected insurance claim

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 insured claimed for damage to her car following an accident in March last year. After buying her policy in i2018, she renewed it in i 2020. The client had entered a debt agreement on January 31, 2019 but failed to disclose it to her insurer at renewal.

The insurance company rejected her claim, saying it learned only recently she had a debt agreement and would not have re-issued the policy if it had known.

The insured alleged that she was not asked whether or not she had entered a debt agreement when renewing her policy but the Australian Financial Complaints Authority (AFCA) determined that the insurer had reasonable grounds to deny the claim due to the non-disclosure of information by the complainant. 

The AFCA found evidence from which it appeared that the insurer informed the complainant of her duty of disclosure on policy renewal in a clear manner.

According to AFCA , “Section 21 of the [Insurance Contracts Act] provides for the insured’s duty to disclose every matter known to the insured that the insured knows to be a matter relevant to the insurer’s decision to accept the risk”.

The complainant said the insurer did not ask her specific questions about her financial position and was unaware of her need to inform the insurer that she had a debt agreement.

“I acknowledge that the complainant says that the insurer should have specifically asked her about her financial position during phone calls, however, the insurer is not required to do this.” AFCA said

The certificate of insurance required that the insured confirm that she was not currently bankrupt or subject to a debt agreement. The AFCA states that the complainant “provided no information to indicate a change in the matter”.

The insurer said that it was prejudiced by the fact that she withheld information about her debt agreement, and would not have renewed her policy had she informed them of this.

The insurer had to refund the complainant's premium for the policy period that commenced from her renewal if it had not done so.

Published:Wednesday, 25th May 2022
Author:

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

Broker Held Accountable for Uncommunicated Policy Exclusions Leading to Claim Denial

10 Apr 2026: Paige Estritori

In a recent decision by the Australian Financial Complaints Authority (AFCA), a broker has been found liable for failing to adequately inform a client about critical exclusions in a truck insurance policy, resulting in the denial of a damage claim. This case underscores the paramount importance of clear communication between brokers and clients, especially concerning policy terms that can significantly impact coverage. - read more

Understanding the Impact of Seasonal Risks on Truck Insurance in Australia

10 Apr 2026: Paige Estritori

Seasonal changes in Australia bring about varying weather patterns and traffic conditions, significantly impacting the trucking industry. These fluctuations not only affect operational efficiency but also have profound implications for insurance coverage and premiums. Understanding these seasonal risks is crucial for truck owners and operators to ensure adequate protection and cost management. - read more

Navigating Insurance Requirements for Food Truck Operators in Australia

10 Apr 2026: Paige Estritori

Operating a food truck in Australia presents unique challenges, particularly when it comes to securing appropriate insurance coverage. Unlike traditional brick-and-mortar establishments, food trucks combine elements of a business, vehicle, and commercial kitchen, necessitating a tailored approach to insurance. - 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

Club Marine Introduces Land-Based Insurance for Race Boats

09 Apr 2026: Paige Estritori

Club Marine, Australia's leading boat insurance provider, has announced a new partnership with the Australian Offshore Powerboat Club (AOPC) to offer specialised insurance coverage for race boats while they are on land. This initiative addresses a significant gap in the market, providing protection against accidental loss, damage, theft, or malicious damage to vessels during storage and transit. - read more

Marine Insurers Reaffirm Support Amid Middle East Conflicts

09 Apr 2026: Paige Estritori

The International Union of Marine Insurance (IUMI) has recently highlighted the resilience of marine insurers in the face of escalating conflicts in the Middle East. Despite the challenging geopolitical landscape, insurers continue to provide essential coverage for cargo, hull, liability, and offshore energy sectors, ensuring that global trade flows remain protected. - read more

Cyclone Reinsurance Pool Lowers Premiums in High-Risk Regions

09 Apr 2026: Paige Estritori

The Australian Competition and Consumer Commission (ACCC) has released its fourth insurance monitoring report, revealing that the government's cyclone reinsurance pool has led to reduced insurance premiums for customers in medium to high cyclone risk areas. However, the report also highlights that premiums remain high for many households and small businesses, with affordability continuing to be a significant concern. - read more

Debate Intensifies Over Proposed Legal Fee Caps in Australian Insurance

09 Apr 2026: Paige Estritori

The Australian insurance sector is currently witnessing a significant debate over the Insurance Council of Australia's (ICA) proposal to implement caps on legal fees associated with civil liability claims. This initiative aims to address the rising insurance premiums that have been a concern for small to medium business owners across the nation. - read more

Click for more Insurance News

Car Finance- Quick & Easy

If you are in the market for a new or used car, then we're in the market to help you arrange the money. Our car loan & leasing finance service is backed by a national panel of car loan specialists who will establish your eligibility, find lender/s offering the best deals for your situation - and help you through the approval and settlement process. No charge to you - and no obligation to proceed with any recommendations offered.

... start your car loan here ...