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.
The Australian Competition and Consumer Commission (ACCC) has expressed significant concerns regarding the proposed acquisition of the Royal Automobile Club of Western Australia's (RACWA) insurance operations by Insurance Australia Group (IAG). The watchdog warns that this transaction could substantially lessen competition in Western Australia's insurance market, potentially leading to higher premiums and reduced options for consumers. - read more
NEOS has recently announced significant enhancements to its income protection offerings, effective from 11 March 2026. Responding to adviser feedback, the insurer has increased the maximum coverage available without mandatory medical examinations, aiming to simplify the application process for Australians seeking income protection insurance. - read more
Acenda Life has recently implemented a series of updates to its Retail Life Insurance portfolio, effective from 11 April 2026. These changes are designed to provide greater flexibility and accessibility for Australians seeking income protection insurance, addressing common concerns about policy limitations and entry age restrictions. - read more
The Australian Financial Complaints Authority (AFCA) has recently ruled in favour of Nippon Life Insurance in a dispute concerning the application of an offset clause in an income protection (IP) claim. This decision underscores the critical importance of policyholders understanding the specific terms and conditions of their insurance policies. - read more
The Australian Superyacht, Marine Export and Commercial Marine Conference (ASMEX) is set to return to the Gold Coast on 19-20 May 2026, offering a pivotal platform for industry professionals to connect, share insights, and celebrate achievements. Hosted at The Langham Gold Coast, this year's conference introduces a refined format designed to cater to all sectors of the marine industry. - read more
Welcome, Jet Ski enthusiasts! Whether you’re hitting the waves for the first time or are a seasoned rider, ensuring your watercraft is covered by the right insurance is essential. - read more
Owning a jet ski is an exhilarating experience, providing endless fun on the water during the warmer months. However, as temperatures drop, it's crucial to prepare your jet ski for winter storage. Proper winterizing can extend the life of your machine and ensure it's ready for the next season. - 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
Jet skiing is a thrilling water sport that has seen a surge in popularity across Australia's beautiful coastlines and waterways. With adrenaline-packed action and the joy of gliding over the waves, it's no wonder why so many Aussies are taking up the reins of these aquatic speed machines. The excitement of jet skiing not only provides an exceptional leisure activity but also offers a unique way to explore the stunning aquatic landscapes that Australia boasts. - read more
Maintaining your jet ski is an essential task that goes beyond keeping it looking great; it's about ensuring its longevity and, most importantly, your safety on the water. Every enthusiast knows that the thrill of cutting through the waves comes with the responsibility of regular upkeep. Neglecting maintenance can lead to breakdowns, or worse, hazardous situations at sea that could have been easily avoided. - read more
Knowledgebase
Grace Period: A set amount of time after the premium is due during which a policyholder can make a payment without the insurance coverage lapsing.
