Our case notes show how we deal with the many different issues that arise in our case investigations. The case notes aim to provide consumers and participants with guidance as to the approach we are likely to take in a particular type of case or highlight some of the many different ways in which a complaint can be resolved.
|
Title |
Year |
Case summary |
|
How sick is too sick? |
2018 |
Kawa cancelled a tour he was to take with his friend Jason, when Jason fell ill and was unable to travel. Jason was refunded his trip, but Kawa wasn’t. Apparently, Jason wasn’t sick enough to need Kawa to stay back in NZ with him. |
|
Unfortunately uninsured |
2019 |
Alex believed he was covered by his credit repayment insurance if he was injured and unable to make his loan repayments. When Alex took on a new loan, he did not ensure that the insurance policy was continued on the new loan. |
|
A broker accepts responsibility for poor advice |
2019 |
Private hospital care is not covered by the policy, but does the broker have any responsibility to advise his clients before the costs are incurred? |
|
Great Expectations (followed by Hard Times) |
2019 |
Judy told Kath that she would be receiving over $1 million from the sale of some shares. But then Judy found out the shares were only worth around $24,000. She didn’t tell Kath. Should Kath have to pay Judy’s fees? |
|
Don’t make me wait – you’re one day late! |
2018 |
Roger’s credit card company took one working day longer than it should have to refund some money. It also got the timeframe wrong when Roger phoned. But does that warrant compensation? |
|
Sacré bleu, where did I leave my glasses? |
2019 |
In an insurance dispute, where there is more than one possible explanation for loss, how does FSCL decide which explanation it should base its assessment on? |
|
To the limit |
2019 |
Chris’s dog Scout went to a specialist surgeon to repair damage to one of his legs. Chris’s pet insurance policy had a $2,000 limit for specialist treatment, and a $7,000 limit for treatment of injuries. Which limit applied? |
|
Criminal convictions can catch you out |
2019 |
Non-disclosure of criminal convictions leads to a high excess, but does the broker have some responsibility? |
|
Concrete catastrophe |
2019 |
Is there a difference between manufacture and construction? We think there is! |
|
Irresponsible lending |
2018 |
Janet has been paying off her daughter’s loan for the last 10 years. 3 years ago, the loan was transferred into Janet’s name. Was this transfer in breach of the CCCFA or the Responsible Lending Code? |
