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 Implements Transparency Reforms to Streamline Strata Insurance Claims

07 Jun 2026: Paige Estritori

New South Wales has introduced transparency reforms in the strata sector aimed at improving governance and reducing disputes in insurance claims. These reforms address issues such as high premiums and opaque fees, fostering a more transparent and efficient strata management environment. - read more

ASIC Calls on Insurers to Enhance Cyber Security in Response to AI Threats

07 Jun 2026: Paige Estritori

The Australian Securities and Investments Commission (ASIC) has issued a stark warning to the insurance sector, emphasising the urgent need to strengthen cyber defences in light of escalating threats posed by artificial intelligence (AI). In a recent open letter, ASIC Commissioner Simone Constant highlighted that the advent of advanced AI technologies has fundamentally altered the cyber threat landscape, necessitating immediate and decisive action from insurers. - read more

Comprehensive All-Risk Insurance Now Available for Large-Scale Australian Farms

07 Jun 2026: Paige Estritori

In a significant development for Australia's agricultural sector, Harland Green, a newly established Lloyd's coverholder, has unveiled an all-risk farm insurance package specifically designed for large commercial farming operations. This initiative aims to address the complex and evolving needs of the agricultural industry by offering comprehensive coverage that encompasses various aspects of farm operations. - read more

Strategic Insurance Planning Essential for Australian Farmers Facing Rising Premiums

07 Jun 2026: Paige Estritori

With Australian farm incomes under pressure and insurance premiums rising by up to 40% in some regions, agricultural leaders are urging producers to move away from a 'set and forget' mentality. In today's climate, being strategic with your insurance is no longer just a recommendation-it is a vital business necessity. - read more

NRMA's Exit from Farm Insurance: What It Means for Australian Farmers

07 Jun 2026: Paige Estritori

Urgent Update for Australian Farmers: NRMA Exits Farm Insurance Market-Here’s Your Trusted Alternative - read more

Click for more Insurance News