Home Parking Dilemma Leads to Insurance Dispute Loss

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

Introducing Backd: Affordable Insurance for Casual and Contract Workers 15 Mar 2026: Paige Estritori In a significant move to address the insurance needs of Australia's growing casual and contract workforce, TAL has partnered with global insurtech company Cover Genius to launch Backd. This innovative digital-only insurance product aims to provide accessible and affordable life and income protection coverage to workers who have traditionally faced challenges in obtaining such protection. - read more

Zurich's Home Loan Protection: Tailored Insurance for Mortgage Holders 15 Mar 2026: Paige Estritori Zurich has unveiled its Home Loan Protection (HLP) product, a new insurance offering that combines life and income protection benefits tailored specifically for mortgage holders. This innovative cover automatically adjusts its premiums as the insured's mortgage balance decreases, ensuring that policyholders are only paying for the coverage they need. - read more

Australian General Insurance Premiums Set to Surpass $144 Billion by 2029 15 Mar 2026: Paige Estritori The Australian general insurance industry is on a trajectory for substantial growth, with direct written premiums (DWP) projected to exceed $144 billion by 2029. This forecast, provided by data and analytics firm GlobalData, reflects a compound annual growth rate (CAGR) driven by increasing demand for coverage in response to the rising frequency of natural disasters. - read more

Australia's A&H Insurance Sector Set for Steady Growth 15 Mar 2026: Paige Estritori Australia's accident and health (A&H) insurance sector is on track for significant growth, with projections indicating an annual increase exceeding 4% through to 2030. This positive outlook is largely attributed to advancements in digital distribution channels and escalating health-related expenses. - read more