Allianz's Payout Reduction Approved in Car Claim Dispute
Allianz's Payout Reduction Approved in Car Claim Dispute
5
In a landmark decision, the Australian Financial Complaints Authority has ruled in favor of Allianz, allowing the insurer to significantly reduce its payout for a car damage claim due to a misdescribed vehicle model.
The case involves a claimant who purchased a 2013 Range Rover Dynamic for $41,750 from a private seller on June 2nd of the previous year. Tragically, the vehicle caught fire and was deemed a total loss on the same day he picked it up.
Believing his new car was covered, the man submitted a claim to Allianz for the agreed value of $105,950, under a policy initiated the day of the incident. Initially, Allianz seemed to agree to the settlement amount; however, an investigation revealed a discrepancy in the model description.
The claimant had listed his vehicle as the more luxurious and costly 2013 Range Rover Autobiography MY14.5 model when, in fact, it was a Range Rover Dynamic. This misdescription resulted in an overinflated insured value.
As a result, Allianz recalculated the vehicle's worth and offered to settle the claim for a revised value of $66,630. After deducting remaining premiums and excess, the final payout amounted to $58,979.
The vehicle owner argued that he made an "innocent misrepresentation" because the insurer’s website provided a model with an outdated engine when he searched using his car's registration. He claimed he selected the Autobiography MY14.5 model since it had a similar engine type.
"I opted for the only model with my engine type and MY14.5 badging," the man explained to the complaints authority. "The website's labeling was incorrect and misled me."
The Australian Financial Complaints Authority concluded that while the policyholder's situation was understandable, it did not excuse the inaccurate car description, which breached policy terms.
"I acknowledge the complainant's challenge in finding his exact car model on the insurer's online policy platform," an AFCA ombudsman commented. "However, this does not justify misrepresenting the car's specification."
The AFCA stressed the importance of accurate car descriptions in insurance agreements, advising policyholders to make additional inquiries if unable to find the right model online.
This ruling reinforces Allianz's right to adjust the settlement based on a common law precedent, affirming the fairness of the insurer’s reduced offer. The case highlights the critical nature of precise data input when setting up insurance policies.
For further insights, the original article can be found on the Australian Financial Complaints Authority's website.
The recent cyberattack on Fortnum Private Wealth, accompanied by ASIC's legal action, has spotlighted the critical risks cyber threats pose to financial advice companies in Australia. With digital integration intensifying across the finance sector, the owner of Fortnum, Entireti, plans to defend the case, underscoring the necessity for ongoing vigilance in cybersecurity measures. - read more
In a comprehensive analysis, Swiss Re Institute predicts that global property and casualty insurance premiums will rise in tandem with GDP over the upcoming decade. This growth is driven by amplified natural catastrophe losses, asset accumulation, and heightened economic and litigation claims inflation. The institute's report outlines the evolving insurance landscape amid increasing global risks. - read more
In response to the devastating floods that swept across New South Wales' Mid North Coast in May, the Insurance Council of Australia (ICA) is taking proactive steps to support the affected residents. Insurers, organised by the ICA, will be meeting with flood victims in Kempsey, Taree, and Port Macquarie to provide guidance and support as they navigate their insurance claims. - read more
Specialized insurance for tradespeople is a form of tailored insurance coverage designed specifically to meet the unique needs and risks that professionals in various trades encounter. This includes trades such as electricians, plumbers, carpenters, and other similar occupations. - read more
Running a small trade business in Australia involves various risks, from accidental property damage to unexpected injuries on the job. These unforeseen events can lead to significant financial losses, which might be challenging for smaller enterprises to absorb. That's where comprehensive insurance comes into play. - read more
Public liability insurance is a type of coverage designed to protect you in the event that a member of the public is injured or their property is damaged because of your business activities. It's essential for tradespeople whose everyday work involves interacting with clients and the public—or working in environments where accidents could happen. - read more
Dictionary
Exclusion
noun
Specific conditions or circumstances for which the insurance policy does not provide coverage.
