Customer Wins in Insurance Dispute Over Laser Equipment

2

The crux of the dispute arose when the salon's laser machine broke down in February, and repair costs were estimated at $18,069. The salon owner had insured the machine for $50,000 in December of the previous year, following its second-hand purchase and refurbishment in 2012 for $66,000.

Despite acknowledging the damage, QBE Insurance reduced its compensation to $7,286, citing an underinsurance clause. QBE claimed that due to the model being discontinued, a replacement would necessitate insuring at $155,000.

The insurer's clause stipulated that if the sum insured was less than 80% of the "total new replacement value," the liability could be adjusted accordingly. However, the salon owner challenged this assessment, arguing that a comparable refurbished machine was valued between $30,000 and $45,000.

The Australian Financial Complaints Authority (AFCA) intervened, siding with the salon owner. AFCA declared that policy wording began ambiguous, noting discrepancies in terms such as "full value" and "total new replacement value", creating confusion about the clause's intent.

AFCA clarified: "When the policy is read as a whole, it indicates the laser should be insured for its full value, or what it would cost to replace with a similar laser in a similar condition." They refuted QBE's expectation that the salon owner should have insured the laser for $155,000, indicating she would never recoup more than $50,000 under policy terms.

This ruling mandates QBE to cover the repair costs, less the policy’s deductible. The case emphasizes the importance of clarity in insurance contracts and equitable treatment of claims.

Published:Wednesday, 27th Nov 2024
Source: Paige Estritori

Share this news item:

Insurance News

Envest Group Unveils TLI Underwriting for Heavy Motor Fleets 08 Jan 2026: Paige Estritori Envest Group, a prominent player in Australia's insurance sector, has announced the launch of TLI Underwriting, a new agency dedicated to providing specialised insurance solutions for heavy motor fleet operators. This strategic move aims to address the unique challenges faced by larger transport businesses in Australia. - read more

Queensland Aligns Heavy Vehicle Compliance with National Regulator 08 Jan 2026: Paige Estritori In a significant move towards regulatory consistency, Queensland has transferred its heavy vehicle compliance responsibilities to the National Heavy Vehicle Regulator (NHVR). This transition aligns Queensland with New South Wales, Victoria, South Australia, Tasmania, and the Australian Capital Territory, all of which have already integrated their heavy vehicle regulations under the NHVR's oversight. - read more

NTI Report Highlights Human Error as Primary Cause of Major Truck Crashes 08 Jan 2026: Paige Estritori According to the latest report from the National Truck Accident Research Centre (NTARC), human error remains the predominant cause of major truck crashes in Australia. The study, supported by National Transport Insurance (NTI), reveals that inattention and distraction are leading contributors to these incidents, accounting for nearly one-third of all human factor-related crashes. - read more

Australian Insurers Falling Behind in Cyber Risk Readiness 08 Jan 2026: Paige Estritori Recent findings from PwC's Insurance Banana Skins Survey indicate that Australian insurers are trailing their global counterparts in preparedness for cyber threats. The survey, which gathered insights from 698 insurance executives across 42 territories, revealed that Australian insurers scored 6.6% lower on the Preparedness Index compared to the global average. - read more