Customer Wins in Insurance Dispute Over Laser Equipment

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

Federal Court Denies Truck Driver's Insurance Appeal 25 Feb 2026: Paige Estritori In a recent legal development, the Federal Court of Australia dismissed an appeal by Bradley Henschke, a logging truck driver, concerning his insurance claim against the Australian Retirement Trust. The court's decision, delivered on February 12, 2026, underscores the critical importance of active insurance coverage for workers in high-risk occupations. - read more

Heightened Road Risks Amid Holiday Freight Traffic Surge 25 Feb 2026: Paige Estritori As the Australian summer holidays approach, insurers and transport specialists are raising alarms about increased road risks due to the convergence of peak freight activity and heightened passenger vehicle travel. This period traditionally sees a surge in both freight movements and family road trips, leading to congested roads and a higher potential for accidents. - read more

InfoAgent Launches Advanced Vehicle Data Services for Heavy Trucks 25 Feb 2026: Paige Estritori Australian vehicle data provider InfoAgent has unveiled two innovative services designed to deliver accurate and detailed information for heavy commercial trucks and trailers. These services aim to address critical challenges in industries such as insurance, roadside assistance, fleet management, and logistics by simplifying processes and enabling better decision-making. - read more

Rising Insurance Premiums: A Growing Concern for Australians 25 Feb 2026: Paige Estritori In recent times, Australian consumers have been grappling with substantial increases in insurance premiums, prompting widespread concern and scrutiny. Reports indicate that some policyholders have experienced premium hikes ranging from 30% to 50%, with certain cases witnessing even more significant surges. This trend has raised questions about the affordability and transparency of insurance pricing in the country. - read more