Farm Insurance NZ
The restaurant's sole director contended the omission was unintentional and emphasised his efforts toward rehabilitation. He proposed to pay any additional premiums necessitated by his past, seeking a fair resolution to his claim. However, QBE maintained that knowledge of his convictions would have impacted their decision to provide coverage from the outset.
AFCA examined the claim documentation, highlighting that QBE had not substantiated its stance. It noted the absence of conclusive evidence of what specific inquiries were made during the policy's initiation, given the broker used an electronic interface linked to QBE's systems. Critically, QBE failed to furnish definitive proof of the questions asked, nor did it provide screenshots of the policy initiation process.
The crux of AFCA's decision rested on the ambiguity of the questions. One inquiry appeared specific to the company's criminal history, rather than its director. Though QBE suggested a duty for directors to disclose past convictions, AFCA's ombudsman determined the insurer did not demonstrate an adequate breach of disclosure obligations by the insured company.
As a result, AFCA concluded that QBE could not justifiably void the policy or deny the claim. The insurer is mandated to reinstate coverage and conduct any additional evaluations required to settle the claim under the policy's terms, all within 28 days of the complainant's acknowledgment of this determination.
This decision underscores the complexities surrounding disclosure obligations in insurance contracts and the critical need for insurers to clearly document and validate their inquiries during the underwriting process.
Published:Thursday, 12th Jun 2025
Source: Paige Estritori
| Broker Ordered to Compensate Client for Uninsured Fire Losses 15 Aug 2025: Paige Estritori A recent ruling mandates an insurance broker to pay nearly $300,000 in compensation to a client after an insurer, QBE, declined a fire claim and cancelled the policy due to nondisclosures. The fire, which occurred in October 2022, severely damaged the commercial premises. QBE asserted that they would have denied coverage had they known about asbestos on the property, among other unreported issues. - read more |
| Insurance Claim Denied Due to Evidence of Multiple Collisions 14 Aug 2025: Paige Estritori An insurance dispute arose when a driver was refused coverage for car damage after evidence showed involvement in multiple collisions, contrary to her claim. Initially, the woman filed a claim with Hollard Insurance, stating her car had collided once with another vehicle. However, the situation took a turn when forensic data from in-car technology revealed two separate impacts occurring 11 minutes apart. - read more |
| ASIC Considers Action as Professional Indemnity Insurance Transparency Falls Short 12 Aug 2025: Paige Estritori The Australian Securities and Investments Commission (ASIC) has voiced apprehension about the transparency of professional indemnity (PI) insurance amongst holders of the Australian Financial Services Licence (AFSLs). This concern arises from a recent market overview conducted to analyze PI insurance for AFSLs offering personal advice to retail clients. - read more |
| Traveller Triumphs in Insurance Dispute Over Unexpected Medical Detour 11 Aug 2025: Paige Estritori A savvy traveller has successfully challenged an insurance decision after having to make an impromptu stay in London due to a medical emergency. This came after the man needed urgent medical attention following a cat bite he sustained in Albania, which sent him to the UK capital for essential treatment. - read more |
| Revolutionising Life Insurance: Digital PMARs and Next-Gen Underwriting 11 Aug 2025: Paige Estritori In the age of instant digital services, where everything from basic necessities to luxury items can be delivered in a blink, the life insurance sector in Australia is poised for a transformative change. Historically plagued by lengthy processing times, the sector faces a persistent underinsurance gap, with over a million Australians lacking adequate life protection. The introduction of a digital Personal Medical Attendant Report (PMAR) by Acenda, formerly MLC Life, marks a significant stride towards addressing this challenge. - read more |
| Victorian Court Approves $34 Million Add-On Insurance Settlement 08 Aug 2025: Paige Estritori A Victorian court has ratified a $34 million settlement in a class action involving add-on insurance products sold by Suncorp. This settlement culminates the legal proceedings surrounding alleged unlawful sales practices. - read more |
| Protecting Your Farming Future: Why Machinery Breakdown Coverage is Essential Farming is a vital part of New Zealand's economy and cultural heritage, representing a way of life for thousands across the country. With its unique landscapes and diverse climate, New Zealand farmers are renowned for producing a wide array of high-quality products that serve not only the nation's needs but also supply a multitude of international markets. - read more
|
| Customizing Your Farm Insurance: Tailoring Policies to Fit Unique Agricultural Needs Those who work the land know that every farm has its own heartbeat - its unique rhythm defined by the crops it yields, the livestock it nurtures, and the natural environment it exists within. Recognizing this individuality is crucial, especially when it comes to safeguarding your agricultural investment with the right insurance policy. - read more
|
| Securing Your Farm's Future: Top Estate Planning Tips for New Zealand Farmers New Zealand's farming community forms the backbone of its thriving agricultural sector, yet many overlook the critical importance of proactive estate planning. With farmland often being held within families for generations, securing its future is not just a financial concern, but a deeply personal one as well. - read more
|
| Natural Disaster Preparedness: Insurance Tips for Farmers Facing Adversity In the heart of New Zealand's pastoral verdure, the significance of preparedness for natural disasters is paramount for the farming industry. The distinct landscape, while providing an idyllic backdrop for agricultural pursuits, is not without its challenges. Farmers are often at the mercy of nature's unpredictability, making disaster preparedness not just prudent but essential for the continuity of their livelihood. - read more
|
| Preparing for the Worst: Developing a Comprehensive Disaster Response Plan for Your Farm As a farmer, you know that unexpected events can have a significant impact on your farm and your livelihood. Natural disasters, such as floods, fires, droughts, and storms, can occur at any time and have devastating consequences. That's why it's crucial to have a comprehensive disaster response plan in place to protect your property, assets, and, most importantly, your loved ones and livestock. In this article, we'll provide a step-by-step guide on how to develop a disaster response plan for your farm. - read more
|
| A Beginner's Guide to Farm Income Insurance Options Farm income insurance plays a crucial role in safeguarding the livelihood of farmers. This type of insurance is specifically designed to protect farmers against the unpredictable nature of farming, where income can vary greatly due to factors like weather, disease outbreaks, or market fluctuations. Having the right insurance ensures a stable financial foundation, allowing farmers to focus on their operations without the constant worry of financial ruin from unforeseen events. - read more
|
|
|
Natural Disaster Preparedness: Insurance Tips for Farmers Facing Adversity In the heart of New Zealand's pastoral verdure, the significance of preparedness for natural disasters is paramount for the farming industry. The distinct landscape, while providing an idyllic backdrop for agricultural pursuits, is not without its challenges. Farmers are often at the mercy of nature's unpredictability, making disaster preparedness not just prudent but essential for the continuity of their livelihood. - read more
|
|
|
Customizing Your Farm Insurance: Tailoring Policies to Fit Unique Agricultural Needs Those who work the land know that every farm has its own heartbeat - its unique rhythm defined by the crops it yields, the livestock it nurtures, and the natural environment it exists within. Recognizing this individuality is crucial, especially when it comes to safeguarding your agricultural investment with the right insurance policy. - read more
|
|
|
Protecting Your Farming Future: Why Machinery Breakdown Coverage is Essential Farming is a vital part of New Zealand's economy and cultural heritage, representing a way of life for thousands across the country. With its unique landscapes and diverse climate, New Zealand farmers are renowned for producing a wide array of high-quality products that serve not only the nation's needs but also supply a multitude of international markets. - read more
|