Broker Not Accountable for Passing on Insurer's Instructions
Broker Not Accountable for Passing on Insurer's Instructions
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
An Australian homeowner's effort to hold his insurance broker responsible for allegedly misleading him about coverage for emergency tree removal has been dismissed by regulatory authorities.
The incident unfolded following a storm that impaired trees on the insured premises.
Initially, the homeowner looked to claim a compensation from the insurer for clearing debris. However, he was informed that his policy would not cater to the removal of trees unless they caused damage to the property itself. Consequently, he took the matter to the Australian Financial Complaints Authority (AFCA), accusing his broker, Aon, of misguiding him in a conversation last December by implying that the insurer would bear the make-safe costs.
The homeowner presented AFCA with an invoice totaling $17,217 for tree removal to establish safe machinery access and an additional invoice of $7370 for further clearance. Aon contested the claim, asserting that their broker merely communicated the details relayed by the insurer to the complainant.
Aon backed its position with contact notes from the insurer which included recommendations to "remove dangerous hanging limbs as part of a make-safe, ensuring photos were taken of the removed limbs."
Records show that the broker had questioned the insurer about the policy's inapplicability concerning make-safe operations. "Our client has now been informed by the assessor that this 'make-safe' work is not covered – surely this would be considered make-safe work, given the alternative risks, such as electrocution or being hit by a falling tree or limb?†Bhupendranathmmmsiddharth_techtw, the email to the insurer reportedly asked.
AFCA’s ruling underscored that although the homeowner conducted the work thinking it would be covered by the policy, the actions of the broker were not prejudicial. The authority noted that the broker had diligently informed the client to document the procedures, yet there was no indication that a more extensive range of work was covered under the existing policy terms.
AFCA summized that in this event The broker did not make any remark or conduct any act that was misleading and deceptive, as it merely transmitted the information received from the insurer and that had the information provided been inaccurate, the fault lies not with the broker, but with the original source of information.
Additionally, AFCA clarified that even in instances of potentially misleading information, the homeowner may not have sustained a financial loss since the insurer would likely have not compensated for the make-safe work under any circumstances. Regardless of the insurance policy specifics, the complainant was obliged to conduct the necessary safety works. Even if there was incorrect information passed from the insurer by the broker, the liability cannot be placed on the broker by simply relaying what they were informed.
This decision supports the conclusion that Aon, as a broker, carried out its duty by correctly conveying the insurer's instructions and therefore, should not bear the burden of liability for the disputed costs.
This case offers a valuable lesson in understanding where liabilities begin and end in the complex web of insurer-broker-customer communications, reminding policyholders to scrutinize the fine details of insurance contracts.
Original information for this article was sourced from Insurance News.
Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.
A federal parliamentary inquiry examining small business insurance has pushed its final report from 27 October 2026 to 26 February 2027, extending the wait for recommendations on affordability, availability and regulation. For Australian businesses that rely on public liability insurance, the delay matters because the inquiry is looking directly at whether modern cover is meeting the needs of small firms, not-for-profits and community organisations. - read more
A new Life Code Compliance Committee inquiry has sharpened attention on how life insurers manage longer-running total and permanent disability and income protection claims, finding that earlier information requests and clearer communication could reduce avoidable delays for people already dealing with illness, injury or loss of income. - read more
Australian restaurants and cafes may be entering a more competitive phase for liability insurance, but the latest market analysis suggests owners should avoid treating softer pricing as a signal that risk has reduced. KPMG Australia's October 2026 liability insurance review, drawing mainly on APRAs National Claims and Policies Database to December 2024, points to moderating pricing momentum after several years of premium strengthening, while also highlighting uneven claims experience across public liability and related classes. - read more
Fresh commercial insurance data points to a more buyer-friendly market, but Australian truck operators should be careful not to read the headline fall as a simple forecast for cheaper heavy vehicle cover. Marsh’s Q3 2026 Global Insurance Market Index, released on 21 October 2026, reported a 12 per cent fall in Pacific commercial insurance rates for the quarter, led by property and supported by strong insurer competition. - read more
Australian trade businesses heading into renewal season may find the commercial insurance market more competitive than it has been for several years, with recent industry updates pointing to softer pricing across several business insurance classes. For tradies, that does not automatically mean every premium will fall, but it does create a useful moment to review whether cover still matches the way the business actually works. - read more
Having the right jet ski insurance is crucial for any Australian jet ski owner. It's not just about complying with legal requirements but also ensuring peace of mind when you're out enjoying the water. - read more
Jet skiing offers a thrilling escape on the water, combining the adrenaline rush of speed with the serene beauty of our aquatic landscapes. However, with the excitement comes the responsibility of maintenance, including the delicate task of managing fuel spills and leaks. These incidents, while hopefully rare, can pose significant challenges for even the most seasoned jet ski enthusiasts. - read more
Owning a jet ski provides endless hours of fun and excitement, but it’s important to note that these thrill-seeking vessels are a prime target for thieves. According to statistics, jet ski theft in Australia has been on the rise in recent years, with many people falling victim to these crimes. Unfortunately, theft of your beloved watercraft could happen any time, but there are measures you can take to safeguard your asset. - read more
Maintaining your jet ski isn't just about keeping it looking good; it's crucial for ensuring longevity and optimal performance on the water. Engaging in regular maintenance can significantly extend the life of your jet ski and help avoid costly repairs. Whether you're slicing through the waves or enjoying a leisurely cruise, a well-maintained jet ski provides a reliable and enjoyable experience for riders of all levels. - read more
Jet ski insurance premiums can vary widely because insurers consider the watercraft, rider, usage, storage, cover level and claims risk. This guide explains the main price factors Australian owners may be asked about when requesting a quote. - read more
Knowledgebase
Umbrella Policy: An additional insurance policy that provides extra liability coverage beyond the limits of the insured's primary policies.
No comments yet. Be the first to share your thoughts.