Customer Wins in Insurance Dispute Over Laser Equipment

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.

The crux of the dispute arose when the salon's laser machine broke down in February, and repair costs were estimated at $18,069. The salon owner had insured the machine for $50,000 in December of the previous year, following its second-hand purchase and refurbishment in 2012 for $66,000.

Despite acknowledging the damage, QBE Insurance reduced its compensation to $7,286, citing an underinsurance clause. QBE claimed that due to the model being discontinued, a replacement would necessitate insuring at $155,000.

The insurer's clause stipulated that if the sum insured was less than 80% of the "total new replacement value," the liability could be adjusted accordingly. However, the salon owner challenged this assessment, arguing that a comparable refurbished machine was valued between $30,000 and $45,000.

The Australian Financial Complaints Authority (AFCA) intervened, siding with the salon owner. AFCA declared that policy wording began ambiguous, noting discrepancies in terms such as "full value" and "total new replacement value", creating confusion about the clause's intent.

AFCA clarified: "When the policy is read as a whole, it indicates the laser should be insured for its full value, or what it would cost to replace with a similar laser in a similar condition." They refuted QBE's expectation that the salon owner should have insured the laser for $155,000, indicating she would never recoup more than $50,000 under policy terms.

This ruling mandates QBE to cover the repair costs, less the policy’s deductible. The case emphasizes the importance of clarity in insurance contracts and equitable treatment of claims.

Published:Wednesday, 27th Nov 2024
Author: Paige Estritori

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.

Share this news item:

Insurance News

Clear

HESTA Announces 12% Reduction in Insurance Fees to Benefit Members

18 May 2026: Paige Estritori

HESTA, a leading Australian superannuation fund, has unveiled a significant reduction in insurance fees, aiming to make coverage more accessible and affordable for its members. Effective from 1 July 2026, the fund will implement an average 12% decrease across all insurance cover types, including death, total and permanent disablement (TPD), and income protection. - read more

Rising Mental Health Claims Drive Surge in Income Support Demand

18 May 2026: Paige Estritori

Recent data reveals a significant increase in the number of Australians accessing income support, with over 8 million individuals receiving assistance in the past year. This surge is largely attributed to a rise in mental health-related claims, highlighting a pressing issue within the workforce. - read more

AFCA Supports Insurer in Income Protection Offset Dispute

18 May 2026: Paige Estritori

The Australian Financial Complaints Authority (AFCA) has recently ruled in favour of Nippon Life Insurance in a dispute concerning income protection (IP) offsets, confirming an overpayment of nearly $18,000 and supporting the insurer's decision to suspend benefits during the reconciliation of compulsory third party (CTP) income. - read more

Australian Cosmetic Prices Surge Amid Middle East Supply Disruptions

18 May 2026: Paige Estritori

Recent geopolitical tensions in the Middle East have led to significant disruptions in crude oil supply, resulting in increased costs for petroleum-derived raw materials essential to the cosmetic industry. This development is causing a notable rise in the prices of beauty products across Australia. - read more

Australian Health Insurers Criticised for Aggressive Negotiation Tactics

18 May 2026: Paige Estritori

Recent reports have brought to light concerns regarding the negotiation practices of major health insurers in Australia. Private hospitals have accused these insurers of employing aggressive tactics that may be contributing to the closure of services and facilities across the country. - read more

Click for more Insurance News