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
| Australian Travel Insurers Extend Support During Middle East Conflict 28 Mar 2026: Paige Estritori In response to the escalating conflict in the Middle East, Australian travel insurers have mobilised additional resources to support affected travellers. The Insurance Council of Australia (ICA) announced that insurers are providing dedicated 24/7 assistance, coordinating medical care, and prioritising support for those in impacted regions. - read more |
| Rising Domestic Travel Claims Reveal Insurance Coverage Gap 28 Mar 2026: Paige Estritori Southern Cross Travel Insurance (SCTI) has reported a notable gap between Australians' attitudes towards domestic travel insurance and the claims being paid. In the first eight and a half months of 2025, SCTI settled over $240,000 in claims for local and interstate trips. Despite this, only about 41% of Australians consider travel insurance a high priority for domestic trips, compared to 76% for international travel. - read more |
| RACV Advises Travellers to Review Insurance Amid Rising Flight Cancellations 28 Mar 2026: Paige Estritori Australian travellers are facing ongoing flight disruptions, with cancellation rates climbing above long-term averages. According to the latest data from the Bureau of Infrastructure, Transport and Regional Economics (BITRE), the national flight cancellation rate reached 2.6% in February 2025, exceeding the long-term average of 2.2%. On-time performance for both arrivals and departures also fell below historical benchmarks. - read more |
| Upcoming 4.41% Increase in Australian Private Health Insurance Premiums 28 Mar 2026: Paige Estritori Starting 1 April 2026, Australians will face an average increase of 4.41% in private health insurance premiums, marking the most significant rise since 2017. This adjustment comes in the wake of escalating healthcare costs and increased utilisation of health services. - read more |
| What to Look for in Basic Health Insurance Cover Welcome to our discussion on basic health insurance cover, a topic that is crucial yet often overlooked in the hustle and bustle of everyday life. Navigating the world of health insurance can be daunting, but understanding your options is vital for peace of mind and financial stability. - read more
|
| Why Income Protection Insurance is Essential for Self-Employed Australians Income protection insurance is a type of coverage designed to provide you with a steady income if you are unable to work due to illness or injury. Unlike other types of insurance, which may focus on lump-sum payments, income protection insurance prioritises regular income replacement to help cover your everyday expenses. - read more
|
| Busting the Myth That Income Protection is Only for Physical Injuries To all the self-employed Australians! You're the backbone of our economy, recognized for your entrepreneurial spirit and abilities to navigate the unique challenges of managing your own business. Yet, with great freedom comes great responsibility, particularly when it comes to securing your financial well-being. - read more
|
| Affordable Life Insurance: Finding the Right Fit for Your Family's Finances Life insurance is a crucial component in safeguarding your family's financial security. It offers peace of mind, knowing that your loved ones will be protected in the event of unexpected circumstances. Many Australians understand the value of having life insurance, but the task of finding a policy that fits within a family's budget can sometimes feel overwhelming. - read more
|