JetSki Insurance Online :: News
SHARE

Share this news item!

AIG Insurance Tangle Over Vacant Property Break-In Unravels

AIG Insurance Tangle Over Vacant Property Break-In Unravels

AIG Insurance Tangle Over Vacant Property Break-In Unravels?w=400
A landlord initially seeking compensation of $102,270 for theft and repair costs following a break-in at a vacant commercial property was awarded $45,724 after a protracted insurance dispute with AIG Australia.
The issue revolved around discrepancies over a premium for an unoccupied building.

The Australian Financial Complaints Authority (AFCA) intervened, reducing the payout by $56,546. This amount corresponds to the difference the landlord would have owed AIG in premiums to insure a building unoccupied for more than 90 consecutive days — an arrangement the landlord neglected, despite receiving clear directives from a broker.

The landlord, with guidance from their broker, had filed a claim last July after criminals gained access through a leased security gate, prompting AIG to refuse the claim due to the structure’s vacant status, which wasn't covered under the policy.

Prior to the unfortunate event, the broker had made the building owner and managing agent aware of the need to refresh AIG of the vacant situation, potentially affecting claims, and the possibility of acquiring extra coverage by adjusting the premium.

Despite the advice, the owner failed to take action, leading to AIG being notified about the vacancy only post-theft. AFCA indicated that AIG would likely have underwritten the unoccupancy risk had they been told, and determined it fair to authorize the claim — factoring in the supplemental premium and other conditions like an excess charge.

Section 54 of the Insurance Contracts Act became pivotal, with AFCA stating that the breach pertained to not informing the insurer of the decision to leave the property vacant beyond 90 days without seeking written permission — not merely the fact that the premises were left empty.

An AFCA official explained, “I am not of the view that the complainant’s failure to request the insurer’s written consent ... can reasonably be regarded as being capable of causing or contributing to the malicious damage and theft event.”

They emphasized, “The insurer cannot refuse to pay the claim by reason only of the post-contractual act, that is, by reason only of the complainant’s failure to seek its written consent. The insurer is, however, entitled to reduce its liability to the extent that it has been prejudiced.”

AFCA specified that AIG had not proved the extent of its disadvantage equaled its ability to completely dismiss its liability under the policy. Instead, AFCA accepted that the liability compared to the additional premium deemed appropriate if the vacancy had been disclosed.

Arguments suggesting partial occupancy, due to daily visits from a property manager and maintenance by contractors, were rejected, as was the claim that it was unjust to deny coverage because the theft transpired over a weekend when the premises would be unoccupied even if tenanted.

This information originally featured in an article in Insurance News Magazine.

Published:Friday, 1st Nov 2024
Source: Paige Estritori

Share this news item:

Insurance News

Insurance Dispute Settled with New Rulings Insurance Dispute Settled with New Rulings
07 Nov 2024: Paige Estritori

In a recent adjudication, a property owner faced a coverage denial due to damage attributed to rodents, offering a revealing insight into insurance claim disputes. When a strata property holder reported water damage from a damaged dishwasher hose, her insurance claim was thwarted by the involvement of rodents. - read more
Financial Sectors Grapple With High Reporting of Breaches Financial Sectors Grapple With High Reporting of Breaches
07 Nov 2024: Paige Estritori

The landscape of financial services in Australia is facing challenges as recent disclosures highlight the magnitude of self-reported compliance breaches across industries. The Australian Securities and Investments Commission (ASIC) report for the last financial year has revealed that the insurance sector reported the second-highest number of breaches. - read more
Call for Stronger E-Scooter Insurance Regulations in NSW Call for Stronger E-Scooter Insurance Regulations in NSW
07 Nov 2024: Paige Estritori

The rapid increase in e-scooter usage across New South Wales has prompted renewed calls for improved insurance regulations to safeguard both riders and pedestrians. Genevieve Henderson, president of the Australian Lawyers Alliance NSW, is advocating for mandatory insurance policies that would cover private e-scooter owners and council-managed e-scooter sharing programs. - read more
Surge in Claims for Non-Advised Disability Income Insurance Surge in Claims for Non-Advised Disability Income Insurance
06 Nov 2024: Paige Estritori

Recent analysis reveals individual non-advised disability income insurance is leading the pack with a remarkable claims paid ratio of 113%. In stark contrast, individual policies acquired through personal advice boast a much lower ratio of 68%, as outlined by the latest prudential data. - read more
Controversial Fire Ruling: AFCA Endorses Claim Denial Controversial Fire Ruling: AFCA Endorses Claim Denial
06 Nov 2024: Paige Estritori

A recent decision has stirred considerable attention as an Australian Financial Complaints Authority (AFCA) ruling supported RAC Insurance's denial of a fire claim amidst significant controversy and debate. - read more


Jetski Insurance Articles

Top JetSki Safety Tips Every Australian Rider Should Know Top JetSki Safety Tips Every Australian Rider Should Know
Jetskiing is an increasingly popular water sport enjoyed by many Australians, with the country's vast coastline offering a playground for both adrenaline seekers and those looking to enjoy a day out on the water. In the excitement of zipping across the waves, safety can sometimes take a backseat, which should never be the case. Understanding and adhering to safety guidelines is crucial to ensure that every ride is as safe as it is enjoyable. - read more
Jet Ski Insurance: The Pros and Cons of Using a Specialist Broker Jet Ski Insurance: The Pros and Cons of Using a Specialist Broker
A specialist jet ski insurance broker is a professional who specializes in providing insurance coverage for individuals who own jet skis. These brokers have extensive knowledge of the insurance needs of jet ski owners and can help you find the ideal policy that meets your unique requirements. - read more
The Ultimate Checklist: Selecting the Right Jet Ski Insurance for Your Needs The Ultimate Checklist: Selecting the Right Jet Ski Insurance for Your Needs
Jet skiing offers an exhilarating mix of high speeds and open water, but it also comes with its share of risks. Just like any valuable property, a jet ski needs protection, not just from potential damage, but also the liabilities that come with operating it. This is where jet ski insurance becomes essential. Having the right insurance coverage ensures that you are financially and legally protected should an accident or damage occur. - read more
Leak Lockdown: Handling Fuel Spillage and Leaks on Your Jet Ski Leak Lockdown: Handling Fuel Spillage and Leaks on Your Jet Ski
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
DIY Jet Ski Maintenance: Simple Steps to Keep Your Watercraft in Top Shape DIY Jet Ski Maintenance: Simple Steps to Keep Your Watercraft in Top Shape
The thrill of slicing through the waves on a Jet Ski holds a special allure for many Aussies. But as any seasoned rider will tell you, the key to uninterrupted fun on the water lies in consistent maintenance. Not only does this ensure your Jet Ski remains in peak condition, but it also extends its life, enhances safety, and can save you a bundle on potential repairs. - read more
Leak Lockdown: Handling Fuel Spillage and Leaks on Your Jet Ski Leak Lockdown: Handling Fuel Spillage and Leaks on Your Jet Ski
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
The Ultimate Checklist: Selecting the Right Jet Ski Insurance for Your Needs The Ultimate Checklist: Selecting the Right Jet Ski Insurance for Your Needs
Jet skiing offers an exhilarating mix of high speeds and open water, but it also comes with its share of risks. Just like any valuable property, a jet ski needs protection, not just from potential damage, but also the liabilities that come with operating it. This is where jet ski insurance becomes essential. Having the right insurance coverage ensures that you are financially and legally protected should an accident or damage occur. - read more
Protecting Your Jetski Against Theft: Tips and Tricks Protecting Your Jetski Against Theft: Tips and Tricks
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
Why Comprehensive Jet Ski Insurance Matters for Every Aussie Owner Why Comprehensive Jet Ski Insurance Matters for Every Aussie Owner
Jet skiing is rapidly becoming one of Australia's favourite pastimes, offering adrenaline-pumping fun in the sun for adventure enthusiasts across the nation. With our beautiful coastlines and an abundance of waterways, it's no wonder more Aussies are taking to the waves on these powerful machines. Jet skis present a unique blend of excitement and freedom, making them a sought-after choice for individuals looking to make the most of the Australian lifestyle. - read more
Understanding Jet Ski Insurance: What You Need to Know Understanding Jet Ski Insurance: What You Need to Know
Jet ski insurance is an essential coverage option for anyone who owns a jet ski. While some jet ski owners may not see the need for insurance, it is important to understand the risks involved in owning a jet ski without insurance and the legal implications of not having coverage. - read more


Your free JetSki insurance quote comparison starts here!
First Name:
Postcode:

All quotes are provided free (via our secure server) and without obligation. We respect your privacy.

Knowledgebase
Policyholder:
The individual or entity who owns the insurance policy.