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

NSW Introduces Strata Law Reforms to Strengthen Community Protections

06 Jun 2026: Paige Estritori

The New South Wales (NSW) Government has initiated a series of reforms to modernise strata regulations, aiming to bolster transparency and accountability within strata management. These changes are designed to provide greater protection for property owners and enhance the governance standards of strata schemes. - read more

EML Group's Strategic Acquisition of Guild Insurance

06 Jun 2026: Paige Estritori

In a significant move within the Australian insurance landscape, EML Group has acquired a 70% stake in Guild Insurance. This strategic partnership is poised to unlock new growth avenues and accelerate the development of technological and artificial intelligence capabilities within the industry. - read more

APRA's Enhanced Capital Requirement for Sovereign Insurance Australia

06 Jun 2026: Paige Estritori

The Australian Prudential Regulation Authority (APRA) has mandated an additional $2 million capital requirement for Sovereign Insurance Australia, citing significant deficiencies in the company's risk management framework and operational risk management practices. - read more

IAG's Strategic Vision: Ambition 2030 Targets $25 Billion GWP

06 Jun 2026: Paige Estritori

Insurance Australia Group (IAG) has unveiled its 'Ambition 2030' strategy, setting a goal to achieve over $25 billion in gross written premium (GWP) by the year 2030. This ambitious plan also includes expanding its customer base to more than 11 million individuals. The announcement was made during IAG's Investor Day in Sydney, where the company outlined its refreshed long-term financial targets and strategic initiatives. - read more

Regulators Target Sustainability in TPD Insurance Products

06 Jun 2026: Paige Estritori

The Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA) are intensifying efforts to address sustainability issues within Total and Permanent Disability (TPD) insurance products. During a recent roundtable discussion, both regulators emphasized the need for life insurers to manage challenges arising from TPD offerings across retail and group insurance channels. - read more

Click for more Insurance News