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:
| Allianz Australia's Strategic Expansion: RAA Insurance Acquisition 24 Nov 2025: Paige Estritori In a significant move within the Australian insurance sector, Allianz Australia has successfully completed the acquisition of RAA Insurance for $642 million. This strategic acquisition, approved by the competition regulator on June 12, 2025, marks a substantial expansion of Allianz's footprint in the South Australian market. - read more |
| Australian Parliament's Inquiry into Small Business Insurance: What It Means for You 24 Nov 2025: Paige Estritori The Australian Parliament has initiated a comprehensive inquiry into the provision, regulation, and pricing of modern insurance products for small businesses and not-for-profit organisations. Announced on October 29, 2025, this inquiry aims to address critical issues affecting the insurance landscape for small enterprises across the nation. - read more |
| ASIC's $16.8 Million Penalty on Allianz Australia: A Wake-Up Call for the Insurance Industry 24 Nov 2025: Paige Estritori The Australian Securities and Investments Commission (ASIC) has imposed a $16.8 million fine on Allianz Australia and its subsidiary, AWP Australia, for making false and misleading statements regarding travel insurance products. This penalty, announced on February 28, 2025, underscores the regulator's commitment to maintaining transparency and integrity within the insurance sector. - read more |
| IAG Projects Significant Premium Growth and Profit Increase for FY26 24 Nov 2025: Paige Estritori Insurance Australia Group (IAG) has announced an optimistic forecast for the financial year 2026, anticipating a 10% increase in gross written premium (GWP) and an insurance profit ranging between $1.55 billion and $1.75 billion. This projection follows a robust performance in FY25, where IAG reported a 4.3% rise in GWP to $17.1 billion and a net profit after tax of $1.36 billion. - read more |
| The Impact of Parenthood on Your Life Insurance Choices Life insurance, a contract between an insurer and a policyholder, is designed to provide financial protection to loved ones in the event of the policyholder's death. For parents, this protection takes on a new level of significance. The birth of a child heralds a profound shift in priorities, with a focus on safeguarding the future of one's family. Hence, understanding life insurance options becomes a crucial aspect of responsible parenting. - read more
|
| Affordable Health Insurance: How to Find the Best Plan for You Affordable health insurance refers to insurance plans that offer necessary health coverage at a price within one's financial means. These plans aim to balance cost with the quality of care, providing essential services without excessive financial burden. The goal is to make healthcare accessible to a wider population, ensuring that everyone can maintain their health without going into debt. - read more
|
| Who Needs Disability Insurance? If you are like most people on this planet, you are not financially free. You would not be able to stop working and still support yourself and your family from your financial resources. Your continued ability to work to earn an income would therefore be one of your greatest assets. - read more
|
| How to Review and Update Your Life Insurance Policy as Your Family Grows Life insurance is an essential safety net for families, providing financial security when it's needed the most. As your family grows, the importance of having a well-structured life insurance policy becomes even more critical. In the busy lives we lead today, it’s easy to overlook this crucial aspect of financial planning. However, ensuring your coverage meets your family's evolving needs is vital. - read more
|
Insurance coverage that pays for the additional living expenses if your home is uninhabitable due to a covered loss.