The Australian Financial Complaints Authority (AFCA) has decided against a man's claim for a car insurance payout, which he pursued following a dispute with his ex-wife.
The issue arose when the man's Toyota Landcruiser was involved in an accident in April, prompting him to file for a cash settlement of $55,950.
However, the ex-wife, who held the insurance policy, later blocked his access to the payout.
Although the man argued for entitlement to the cash, citing his status as the car's registered owner and premium payer, AFCA's ruling hinged on the policyholder's rights. The insurer, IAG, noted its obligation to follow the policyholder's instructions unless informed otherwise. AFCA sided with IAG's decision to uphold the ex-wife's directive.
AFCA acknowledged the man's frustrations but highlighted that the ex-wife also likely had an interest in the vehicle, thereby justifying her position as the lead policyholder in this context. While acknowledging the car had been scrapped, resulting in an irrevocable loss, AFCA concluded it would be inequitable to override the policyholder's command.
Despite this outcome, AFCA reprimanded IAG for causing additional stress to the man due to its failure to ascertain the appropriate recipient of the settlement at an earlier stage. The authority ordered IAG to compensate the man $1,500 for the inconvenience and stress endured throughout the claims process.
For policyholders, this case underscores the significance of clear communication and understanding of insurance policy terms, particularly in circumstances involving shared asset ownership. It highlights the importance of ensuring agreement on financial transactions when multiple parties are involved.
Looking ahead, it is crucial for insurers and customers alike to maintain transparency within insurance agreements, noting potential complications in shared asset arrangements. The case also serves as a reminder that even when one party manages policy premiums, the listed policyholder retains predominant authority in claims decisions unless disputes are preemptively resolved in writing.
Published:Friday, 22nd Aug 2025 Source: Paige Estritori
The Australian Financial Complaints Authority (AFCA) has decided against a man's claim for a car insurance payout, which he pursued following a dispute with his ex-wife. The issue arose when the man's Toyota Landcruiser was involved in an accident in April, prompting him to file for a cash settlement of $55,950. However, the ex-wife, who held the insurance policy, later blocked his access to the payout. - read more
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Dictionary
Loss of Use
noun
Insurance coverage that pays for the additional living expenses if your home is uninhabitable due to a covered loss.
