Home Parking Dilemma Leads to Insurance Dispute Loss

2

The insurer, SGUAS, denied the claim based on a clause that excluded coverage for vehicles left on the street between 10pm and 5am. The woman's car was stolen at 2am from directly outside her house, with the thieves gaining access by breaking into her home and taking the keys.

According to a police report, the location of the car would not have deterred the thieves, who broke a window to enter the house. “Regardless of where the car was parked, the offenders would have successfully taken the vehicle," stated the report.

The car owner revealed that she bought her insurance through a broker and relied on him for managing all details. She admitted to frequently parking on the street because of the difficulty in maneuvering her car into the narrow driveway and carport of her new home.

During the investigation, her broker argued to the Australian Financial Complaints Authority (AFCA) that the car would have been stolen regardless of its parking spot. However, AFCA maintained that the insurer was not liable as the homeowner did not inform them of her regular street parking, a critical deviation from the declared parking arrangements.

AFCA's ombudsman expressed sympathy for the homeowner's plight but upheld the policy's exclusion for overnight street parking. "It seems this practice was established due to the inaccessible driveway, yet the policy clearly stipulates the necessity to inform the insurer of any such changes," the ombudsman noted.

"The homeowner consistently parked on the street overnight, thereby invalidating her insurance claim due to the policy's terms. The failure to communicate this change prejudiced the insurer’s ability to assess the risk properly, justifying the claim denial," the AFCA representative explained.

AFCA further noted that street parking significantly increases the risk of theft, a factor emphasized in the insurer’s underwriting guidelines. “Even though the thieves acted boldly, the information provided by the insurer indicates a higher theft risk for cars parked on the road,” it stated.

At the inception of the policy, the homeowner’s broker had conveyed detailed parking arrangements to the insurer, even providing a picture of the carport. Yet, this information became obsolete when the homeowner developed a habit of street parking without updating the insurer.

This case serves as a stark reminder of the crucial role precise adherence to insurance policy terms plays. Policyholders should communicate any changes in their circumstances to ensure their coverage remains valid. For more details, you can refer to the original ruling by AFCA.

Published:Monday, 9th Sep 2024
Source: Paige Estritori

Share this news item:

Insurance News

Australian Insurers Brace for Profitability Decline After Record Highs 17 Dec 2025: Paige Estritori The Australian insurance industry is preparing for a downturn in profitability after achieving a decade-high return on equity (ROE) of 19% in the 2024-25 financial year. This peak performance was driven by robust underwriting results, substantial investment returns, and a period of relatively low natural disaster claims. However, industry analysts predict a six-point decline in ROE to 13% for the current financial year, bringing it back within the typical target range of 10% to 15%. - read more

Australian Insurtech Startups Experience Growth and Market Expansion 17 Dec 2025: Paige Estritori The Australian insurtech sector is demonstrating remarkable resilience and adaptability, with many startups reporting significant growth and successful market expansion. A recent survey of Insurtech Australia members reveals that companies generating annual revenues between $1 million and $10 million have experienced a 30% increase in revenue. Additionally, there has been a 10% rise in investment from private backers, indicating strong confidence in the sector's potential. - read more

Australian SMEs Advocate for National Reforms to Combat Rising Insurance Costs 17 Dec 2025: Paige Estritori Small and medium-sized enterprises (SMEs) across Australia are facing mounting challenges due to escalating insurance premiums. A recent report by the Australian Chamber of Commerce and Industry, in collaboration with the Insurance Council of Australia, highlights the urgent need for coordinated national reforms to address this pressing issue. - read more

WFI Insurance Joins Forces with Farmsafe Australia to Boost Farm Safety Standards 16 Dec 2025: Paige Estritori In a significant move to enhance safety within the Australian agricultural sector, WFI Insurance has announced a partnership with Farmsafe Australia. This collaboration is designed to raise awareness about farming hazards and advocate for the adoption of safer work practices among farmers. - read more