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

TAL's Health Sense Plus Now Covers Income Protection Policies 11 Feb 2026: Paige Estritori In a strategic move to make life insurance more relevant to younger Australians, TAL has expanded its Health Sense Plus program to encompass income protection policies. This initiative allows advisers to offer clients enhanced value through a straightforward preventative health engagement. - read more

AFCA's Ruling: Home-Based Waxing Salon Deemed a Business 11 Feb 2026: Paige Estritori The Australian Financial Complaints Authority (AFCA) recently ruled that a home-based waxing salon constitutes a business, not merely a hobby. This decision has significant implications for beauticians managing home-based operations, particularly concerning insurance disclosures and compliance. - read more

Insurers Push for Overhaul of Civil Liability Laws Amid Rising Premiums 11 Feb 2026: Paige Estritori The Insurance Council of Australia (ICA) has recently called for comprehensive reforms to state and territory civil liability laws, citing significant increases in public liability insurance premiums. This development is particularly relevant for beauticians and small business owners in the beauty industry, who are experiencing escalating insurance costs. - read more

Cosmetic Injectables Industry Booms Amid Safety Concerns 11 Feb 2026: Paige Estritori The cosmetic injectables industry in Australia has experienced significant growth, with the market valued at $4.1 billion in 2023 and projected to grow by 19.3% annually until 2030. This surge reflects increasing consumer demand for non-surgical cosmetic procedures, including anti-wrinkle injections and dermal fillers. - read more