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

NorthStandard's 5% P&I Premium Increase: What It Means for Marine Insurers

27 May 2026: Paige Estritori

NorthStandard, a prominent global marine insurer, has announced a 5% increase in Protection and Indemnity (P&I) premiums, effective from 20 February 2026. This decision reflects the company's response to ongoing market unpredictability and associated risks. - read more

High Court Decision Eliminates Liability Cap for Wreck Removal Claims

27 May 2026: Paige Estritori

In a landmark decision, Australia's High Court has unanimously ruled that Protection and Indemnity (P&I) insurers cannot limit their liability for wreck removal and pollution clean-up claims. This ruling emerged from the case involving Standard Club UK Ltd, the P&I insurer for CSL Australia, following a 2022 collision at the Port of Devonport, Tasmania. - read more

Cyclone Narelle's Impact on Marine Insurance in Northern Australia

27 May 2026: Paige Estritori

Severe Tropical Cyclone Narelle, which struck Northern Australia in March 2026, has brought to the forefront the escalating challenges in securing marine hull insurance in regions like Northern Queensland and Western Australia. The cyclone's path, impacting both the Northern Territory and the northwest of Western Australia, exemplifies the increasing volatility of weather patterns and their profound implications for the marine insurance sector. - read more

Vero's 2026 SME Insurance Index Uncovers Critical Risk Management Gaps in Australian Small Businesses

27 May 2026: Paige Estritori

Vero's recently released 2026 SME Insurance Index has brought to light significant disparities in risk management practices between small and large Australian businesses. The survey, encompassing over 1,500 enterprises, underscores the pressing need for enhanced risk strategies among small and micro businesses to bolster their resilience in an increasingly volatile economic landscape. - read more

Australian Commercial Insurance Market Maintains Soft Conditions Through First Half of 2026

27 May 2026: Paige Estritori

The Australian commercial insurance landscape has sustained its soft market conditions through the first half of 2026, characterised by competitive pricing, expanded underwriting capacity, and heightened competition among insurers. This environment presents both opportunities and considerations for businesses seeking to optimise their insurance portfolios. - read more

Click for more Insurance News