Insurance For Trucks :: News
SHARE

Share this news item!

AIG Insurance Tangle Over Vacant Property Break-In Unravels

AIG Insurance Tangle Over Vacant Property Break-In Unravels

AIG Insurance Tangle Over Vacant Property Break-In Unravels?w=400
A landlord initially seeking compensation of $102,270 for theft and repair costs following a break-in at a vacant commercial property was awarded $45,724 after a protracted insurance dispute with AIG Australia.
The issue revolved around discrepancies over a premium for an unoccupied building.

The Australian Financial Complaints Authority (AFCA) intervened, reducing the payout by $56,546. This amount corresponds to the difference the landlord would have owed AIG in premiums to insure a building unoccupied for more than 90 consecutive days — an arrangement the landlord neglected, despite receiving clear directives from a broker.

The landlord, with guidance from their broker, had filed a claim last July after criminals gained access through a leased security gate, prompting AIG to refuse the claim due to the structure’s vacant status, which wasn't covered under the policy.

Prior to the unfortunate event, the broker had made the building owner and managing agent aware of the need to refresh AIG of the vacant situation, potentially affecting claims, and the possibility of acquiring extra coverage by adjusting the premium.

Despite the advice, the owner failed to take action, leading to AIG being notified about the vacancy only post-theft. AFCA indicated that AIG would likely have underwritten the unoccupancy risk had they been told, and determined it fair to authorize the claim — factoring in the supplemental premium and other conditions like an excess charge.

Section 54 of the Insurance Contracts Act became pivotal, with AFCA stating that the breach pertained to not informing the insurer of the decision to leave the property vacant beyond 90 days without seeking written permission — not merely the fact that the premises were left empty.

An AFCA official explained, “I am not of the view that the complainant’s failure to request the insurer’s written consent ... can reasonably be regarded as being capable of causing or contributing to the malicious damage and theft event.”

They emphasized, “The insurer cannot refuse to pay the claim by reason only of the post-contractual act, that is, by reason only of the complainant’s failure to seek its written consent. The insurer is, however, entitled to reduce its liability to the extent that it has been prejudiced.”

AFCA specified that AIG had not proved the extent of its disadvantage equaled its ability to completely dismiss its liability under the policy. Instead, AFCA accepted that the liability compared to the additional premium deemed appropriate if the vacancy had been disclosed.

Arguments suggesting partial occupancy, due to daily visits from a property manager and maintenance by contractors, were rejected, as was the claim that it was unjust to deny coverage because the theft transpired over a weekend when the premises would be unoccupied even if tenanted.

This information originally featured in an article in Insurance News Magazine.

Published:Friday, 1st Nov 2024
Source: Paige Estritori

Share this news item:

Insurance News

Driver's Dune Accident Deemed a Genuine Mistake Driver's Dune Accident Deemed a Genuine Mistake
22 Nov 2024: Paige Estritori

A recent decision by the Australian Financial Complaints Authority has concluded that a driver's accident on a beach sand dune was not a result of reckless behavior, ensuring that he will be compensated for his losses. - read more
Insurers Face Intense Scrutiny Over Quake Claim Rejections Insurers Face Intense Scrutiny Over Quake Claim Rejections
21 Nov 2024: Paige Estritori

In recent months, Muswellbrook, a town in New South Wales, has experienced a series of earthquakes that have left residents grappling with both physical destruction and emotional distress. Criticism is mounting against insurers as more than 600 claims have emerged, following these seismic events, yet many remain unresolved or denied. - read more
AI Regulations: A Web of Complications AI Regulations: A Web of Complications
20 Nov 2024: Paige Estritori

The Insurance Council of Australia (ICA) has raised concerns about the potential fallout from a fragmented regulatory approach to artificial intelligence and automated decision-making in the industry. There is fear that this patchwork of reforms could result in conflicting requirements, heavier compliance burdens, and increased industry confusion. - read more
APRA Survey Reveals Impact of Climate Change on Insurance Industry Practices APRA Survey Reveals Impact of Climate Change on Insurance Industry Practices
19 Nov 2024: Paige Estritori

A recent analysis by the Australian Prudential Regulation Authority (APRA) reveals that over 90% of general insurers and reinsurers anticipate climate change will influence their underwriting procedures, posing new challenges to the industry. - read more
Fraudulent Claims Lead to Complete Denial of Compensation Fraudulent Claims Lead to Complete Denial of Compensation
18 Nov 2024: Paige Estritori

In a remarkable case highlighting the severe consequences of insurance fraud, an individual's attempt to inflate a theft insurance claim has resulted in the total denial of compensation. Despite a significant portion of the claim being genuine, fraudulent actions negated any potential payout. - read more
Soaring Insurance Premiums Amid Changing Climate Soaring Insurance Premiums Amid Changing Climate
14 Nov 2024: Paige Estritori

As climate change persists, the impact of severe weather on insurance premiums is becoming more evident, pushing affordability out of reach for many Australians. Bernadette Systa, a mother of five, faced an undeniable financial strain as her annual home and contents insurance costs surged from a modest amount to more than twice what she initially paid. This experience echoes a growing dilemma faced by households across the country. - read more


Truck Insurance Articles

Navigating Credit Scores: How They Impact Your Car Loan Options in Australia Navigating Credit Scores: How They Impact Your Car Loan Options in Australia
Welcome to the guide designed to help you navigate the intricate world of credit scores and their impact on your car loan possibilities in Australia. Whether you're a long-term resident or here for a temporary stay, understanding the nuts and bolts of credit scores is crucial in securing your ideal vehicle through a loan. This post aims to shed light on this pivotal financial metric and aid you in your car financing journey. - read more
Loans for Cars: Finding out if you Qualify Loans for Cars: Finding out if you Qualify
Qualifying for a car loan isn't all that difficult. There are a few key things that lenders will look at when considering your application, including your income, credit history/existing loans, employment, age, and residency atatus. As long as you have a good understanding of these factors, you’ll be in a much better position to qualify for a car loan. Keep reading to learn everything you need to know about qualifying for a car loan! - read more
The Ultimate Guide to Fast Track Your Car Loan in Australia The Ultimate Guide to Fast Track Your Car Loan in Australia
Welcome to The Ultimate Guide to Fast Track Your Car Loan in Australia, designed to help you navigate the exciting journey of buying a car for the first time. Buying a car is a significant milestone, and securing the right finance can make all the difference. - read more
Things You Wish You Knew Before Buying a Car Things You Wish You Knew Before Buying a Car
Welcome to Things You Wish You Knew Before Buying a Car – the ultimate guide to understanding car financing.For a limited time, you can download a free copy of this valuable resource. Our retail price for the eBook is AUD $19.95, but we're offering it to you for free – no strings attached! Click to Download Free - read more
Temporary Resident? Learn How You Can Qualify for an Australian Car Loan Temporary Resident? Learn How You Can Qualify for an Australian Car Loan
Welcome to your comprehensive guide on navigating the Australian car loan landscape as a temporary resident. Whether you're here for work, study, or leisure, having your own vehicle can vastly improve your time in Australia. However, securing a loan for a car might seem like a formidable task given your temporary status. That's where this article steps in—to enlighten and empower you in this financial journey. - read more
Insurance Renewal Approaching? Tips to Ensure You're Still Getting the Best Rate! Insurance Renewal Approaching? Tips to Ensure You're Still Getting the Best Rate!
Is it that time of the year again when your car insurance is up for renewal? Often, it comes as a reminder in the mail or a notification from your insurer. But instead of instinctively renewing your existing policy, let's pause and explore the underrated benefits of a periodic insurance review. Taking the time to scrutinize your policy could unveil potential savings and align coverage with your current needs. - read more
Insurance Renewal Approaching? Tips to Ensure You're Still Getting the Best Rate! Insurance Renewal Approaching? Tips to Ensure You're Still Getting the Best Rate!
Is it that time of the year again when your car insurance is up for renewal? Often, it comes as a reminder in the mail or a notification from your insurer. But instead of instinctively renewing your existing policy, let's pause and explore the underrated benefits of a periodic insurance review. Taking the time to scrutinize your policy could unveil potential savings and align coverage with your current needs. - read more
The Credit-Savvy Car Buyer’s Guide to Obtaining Affordable Insurance The Credit-Savvy Car Buyer’s Guide to Obtaining Affordable Insurance
Embarking on the journey of car ownership comes with its share of responsibilities, one of which is securing affordable insurance. Understanding the intricacies of insurance rates is central to managing this recurring expense effectively. Insurers take into account numerous factors when determining your premium, including but not limited to driving history, vehicle type, and geographic location. - read more

Knowledgebase
Disability Insurance:
A type of insurance protection that pays a portion of a person's income lost due to a total or partial disablement arising from either an accident or a sickness.