Customer Wins in Insurance Dispute Over Laser Equipment
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:
| Rising Insurance Costs Amidst Climate Change: What Homeowners Need to Know 06 Dec 2025: Paige Estritori Australian homeowners are experiencing significant increases in home insurance premiums, largely due to the escalating risks associated with climate change. Recent analyses reveal a national average premium hike of 14%, translating to an additional $343 annually for policyholders. This trend underscores the growing financial burden on homeowners as extreme weather events become more frequent and severe. - read more |
| Competitive Market Dynamics Drive Down Construction Insurance Costs 06 Dec 2025: Paige Estritori The Australian construction insurance market has entered a notably softer phase in 2025, characterized by a significant reduction in premiums across various lines. This shift is primarily attributed to increased competition among insurers, offering clients more options and driving down costs. - read more |
| Why Perth Hospitality Businesses Should Reassess Their Insurance Coverage 06 Dec 2025: Paige Estritori Perth's hospitality industry is currently navigating a challenging landscape marked by escalating operational costs and evolving risks. In response, industry experts are advocating for a thorough reassessment of insurance policies to ensure businesses are adequately protected. - read more |
| Fine Food Australia and R&CA Announce Strategic Partnership to Strengthen Hospitality Sector 06 Dec 2025: Paige Estritori In a significant move to support Australia's hospitality industry, Fine Food Australia has announced a partnership with the Restaurant & Catering Industry Association of Australia (R&CA). This collaboration aims to provide a unified platform for industry professionals to network, share insights, and advocate for the sector's interests. - read more |
| A Guide to the Australian Income Protection Insurance Landscape Income protection insurance stands as an unsung hero in the tapestry of financial security, often overlooked but irreplaceable in its role. Designed to provide a safety net, it ensures that individuals can continue to receive a portion of their income should they become unable to work due to illness or injury. It’s about peace of mind, knowing that life's unforeseen events won't sweep the ground from beneath you. - read more
|
| Life Insurance Essentials: Protecting Your Growing Aussie Family Life insurance remains one of the most crucial considerations for new parents aspiring to provide a secure future for their growing families. The arrival of a child marks a transformative moment, redefining priorities and responsibilities. At its core, life insurance is a safety net, designed to offer financial protection and stability to loved ones in the event of an unforeseen tragedy. - read more
|
| Income Insurance: Common Misunderstandings that Could Cost You When life throws unexpected challenges your way, income insurance can be a financial lifesaver. Essentially, it's a policy designed to replace a portion of your income if you're unable to work due to illness or injury. Imagine not having to worry about bills piling up while you focus on recovery. That's the peace of mind income insurance aims to provide. - read more
|
| Important Tips to Streamline Your Income Protection Claim in Australia In today's unpredictable world, securing your financial future is more important than ever. Income protection insurance plays a pivotal role for working Australians by providing a safety net in case illness or injury prevents you from earning an income. As an essential part of your overall financial planning, understanding income protection is crucial for peace of mind and stability. - read more
|
The reduction in the value of an asset over time, used in insurance to calculate the actual cash value of property.