We are a proud member of the Financial Services Online network!
Connect with us on your favourite social media platform for the latest financial news, views, tips, tricks, resources and information.
The car owner had filed for the losses with his insurer, Allianz, under the impression that the stationary state of his classic automobile placed it outside the category of a motor vehicle, which would typically be excluded from home insurance coverage. The claim also included potential legal liabilities related to the damage inflicted upon the neighbor's property.
However, Allianz stood firm on the grounds of their policy, which explicitly excludes motor vehicles, setting the stage for AFCA’s involvement to help settle the matter. The authority consulted both dictionary and legal definitions during its adjudication to arrive at a conclusion.
The decision was crystal clear. Although the prized Mercedes was not road-ready, it was undeniably a car, designed for motor propulsion and fit for highway use. Conclusively, for all intents and purposes regarding the claim, the car was classified as a motor vehicle.
Additionally, the authority addressed the aspect of legal liability, stating that while it may have been a legitimate claim, the insurance policy in question conveniently draws a line, omitting any claims connected to the ownership or operation of a 'mechanically propelled vehicle.'
The underlying fact, as pointed out by AFCA, was that any car functions through mechanical propulsion, dovetailing with its design intent. Thus, the Mercedes, regardless of its non-functional state, was subject to the same rules, exempting the legal liability concerns from the policy's scope of coverage.
Despite the setback for the claimant in terms of coverage, AFCA noted an oversight by the insurer during its claims process. Allianz overlooked the policyholder's legal liability concerns without due consideration, an error that led to frustration and inconvenience for the customer. In light of this, AFCA has ruled that Allianz compensate the claimant with AUD 1,000 for non-financial losses sustained as a result of the claim handling process.
Published:Wednesday, 24th Apr 2024
Source: Paige Estritori
| Senate Probes Climate's Toll on Insurance Costs and Access 18 May 2024: Paige Estritori The Senate has launched an investigation into the growing climate risks that are affecting insurance premiums, with a focus on affordability and accessibility. - read more |
| Adviser Shortage and Policy Shifts Impact Life/Risk Market 17 May 2024: Paige Estritori The decline of life/risk advisers paired with the Australian Prudential Regulation Authority's (APRA's) intervention in the Individual Disability Income (IDII) insurance sector imposes fresh challenges on the market, hinting at recovery only intermittently. - read more |
| Insurers Under Fire: Melbourne Floods Reveal Gaps and Mismatches 16 May 2024: Paige Estritori Residents from western Melbourne have voiced sharp disapproval of insurance companies at the recent federal inquiry hearings held in Maribyrnong, citing significant grievances post the 2022 floods. - read more |
| Allianz Streamlines Flood Insurance with New Update 16 May 2024: Paige Estritori Allianz has taken a considerable step forward in modifying its flood insurance approach for homeowners. Drawing conclusions from the flood incidents of 2022, changes are set to be implemented to provide clearer and more inclusive coverage. As a measure to simplify their insurance products, Allianz will integrate flood insurance as a non-negotiable component of home building, contents, and landlord policies for new clients starting from the latter part of this year. - read more |
| Australian Tourist Secures Compensation for Air Ambulance From Bangkok 11 May 2024: Paige Estritori A recent decision by a dispute resolution body in favor of a 74-year-old Australian traveler has emphasized the importance of clear communication and precise terms and conditions in insurance policies. This comes after the individual engaged in a tug-of-war with an insurance company over a $195,223 claim to cover emergency medical transportation from Thailand. - read more |
| Why it's important to have public liability insurance for your trucking business Public liability insurance is a type of insurance that provides coverage for your trucking business in the event of an accident or incident in which your business is deemed at fault and causes damage or injury to a third party. This insurance will cover the legal expenses and compensation costs that may arise as a result of such incidents. - read more
|
| Fleet Insurance Management Strategies for Australian Truck Owners Managing a fleet of trucks in Australia presents a unique set of challenges, especially when it comes to insurance. Fleet insurance is a critical component for the protection and financial stability of any trucking operation. Whether you're an independent owner-operator or manage a large fleet, understanding the nuances of fleet insurance can mean the difference between running a profitable business or facing unexpected financial burdens. - read more
|
| The Top Mistakes to Avoid When Purchasing Truck Insurance Truck insurance is a necessary expense for any business that relies on commercial vehicles. It is crucial to protect your business from any financial loss that could result from an accident, theft or any other unforeseen circumstances. - read more
|
| 5 Essential Financial Tips Every Australian Truck Owner Should Know Not only is the Australian trucking industry a critical player in keeping the country's economy moving, but truck owners and operators also experience a unique set of financial challenges. From fluctuating fuel prices to the costs associated with vehicle maintenance, running a trucking business requires thorough financial planning and management. - read more
|
| Essential Tips for Reducing Your Truck Insurance Costs Truck insurance is a critical aspect of business for Australian truck owners and operators. It offers invaluable peace of mind and financial security in the event of accidents, theft, or other unforeseen circumstances that can impact your vehicles. Given the significant investment that trucks represent, the right insurance coverage can often be the defining factor between operational success and financial strain. - read more
|
|
|
Fleet Insurance Management Strategies for Australian Truck Owners Managing a fleet of trucks in Australia presents a unique set of challenges, especially when it comes to insurance. Fleet insurance is a critical component for the protection and financial stability of any trucking operation. Whether you're an independent owner-operator or manage a large fleet, understanding the nuances of fleet insurance can mean the difference between running a profitable business or facing unexpected financial burdens. - read more
|
|
Investing in Your Fleet: When to Buy New Trucks Vs. Repairing Old Ones Managing a fleet of trucks is a complex endeavor that marries mechanical savvy with acute financial acumen. Every truck owner and operator in Australia grapples with the high-stakes decision of whether to invest in new vehicles or to repair and maintain their existing fleet. This predicament is not just about vehicle performance. It's a significant financial consideration that impacts the bottom line of any transport-centric business. - read more
|
|
What to Do If You Need to Make a Claim on Your Truck Insurance Truck insurance is a critical aspect of owning a truck, but it can be overwhelming when you need to make a claim. Whether you're an owner-operator or a fleet manager, knowing what to do in case of an accident or damage can make a significant difference in the outcome of your claim. - read more
|
|
|
Why it's important to have public liability insurance for your trucking business Public liability insurance is a type of insurance that provides coverage for your trucking business in the event of an accident or incident in which your business is deemed at fault and causes damage or injury to a third party. This insurance will cover the legal expenses and compensation costs that may arise as a result of such incidents. - read more
|
|
Understanding the Coverage: A Deep Dive into Truck Insurance Policies Understanding truck insurance is crucial for anyone involved with commercial vehicles in Australia. Considering the significant investment that a truck represents, protecting this asset becomes a top priority for owners and operators. But truck insurance goes beyond safeguarding the vehicle itself; it plays a vital role in securing the financial foundation of a trucking business. - read more
|