Case Studies

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.

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Title Year Case summary
Drain disaster 2018

Company A knew that it had to take steps to prevent concrete getting into holes in underground pipes. The question is whether it took ‘all reasonable precautions’, as required by its insurance policy?

Call me maybe? 2019

Caitlyn and her insurance adviser had arranged an insurance policy for Caitlyn, and all that was left to do was sign the contract. However, Caitlyn and the insurer never met to sign the contract, so when she had a heart attack a few months later, she did not have any cover. Should the adviser have done more to finalise the contract?

Mobile traders and mobile debt 2019

What happens when a lender sells a debt to another company? Who is responsible for the complaint? And what happens if debt recovery action is threatened?

“We direct you to cancel our director’s insurance” 2018

A company wants to cancel director’s insurance for one of its directors. When this takes 7 months, the company complains to its insurance advice firm about the delays.

Who can you ‘Trust’? 2018

When your former husband and co-trustee does a runner with money owed to the trust, who is to blame?

Communication breakdown 2019

How far should a broker go to make sure that you know your insurance premium has not been paid, jeopardising your cover?

The missing 10 cents 2019

What happens when an insurer accepts your claim, but pays you 10 cents less than you were expecting?

An insured’s duty of disclosure for replacement insurance 2019

Alvin contacted a broker to get new contents insurance. Alvin forgot to disclose a past claim for burglary. Alvin complained that the broker did not advise him he had to disclose all claims.

Term life insurance and service fees 2018

Helen approached an insurance adviser to obtain life insurance. Helen signed the adviser’s terms of engagement noting fees. Helen moved insurers after 10 months and was charged $1,495.00. Was the adviser entitled to charge the fee?

Is my daughter my “family member”? 2019

Thalia broke her daughter’s laptop when she went to stay with her in Australia. Her travel insurer declined to pay for the repairs to the laptop. Was the insurer correct in declining Thalia’s claim?