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
Administration frustration 2017

The professional trustee’s delay has cost Barbara money – should she be compensated?

Letting go 2018

Bryan complained about his insurance broker’s communications and behaviour in helping him with a marine insurance claim. Can Bryan complain to FSCL about his broker terminating their relationship, or bringing disrepute to the insurance profession?

How much for the mystery machine? 2018

Jane and Eric applied for a car financing loan. Jane complained to FSCL that the lender had breached responsible lending principles by relying on an inaccurate application. It had failed to consider that she had six children. Can Jane return the car and unwind the deal?

Tiny window, big loss 2018

Will an insurer cover your loss if an offender manages to squeeze through a tiny window to enter your house and steal from you?

Crossed wires 2018

What happens when a borrower wants to change payments from monthly to fortnightly, but the payments do not reduce.

Narrow policy wording excludes cover 2018

What happens if you have a pre-existing medical condition that you don’t know about but may be contributing to your injury? Should your insurer pay?

Risky moves 2018

A lender repossessed an ‘at risk’ car after the arrears were paid.

Who pays when Chitty Chitty goes Bang Bang 2018

Jo had mechanical insurance for his Ford Falcon. One day, his radiator blew up and he took it into the garage to have it fixed. The garage checked the Ford Falcon and recommended that the car have a transmission flush. The insurer declined to pay Jo for the transmission flush.

Are volcanic eruptions an unforeseeable event? 2018

Jamie and Rose were travelling in Bali. Following media reports of a volcanic eruption, they returned to New Zealand. Their travel insurer declined their claim for costs, noting they had left due to their own personal choice. Jamie and Rose disagreed.

A devil’s deal 2018

Tony bought a car with finance. The car was repossessed and sold to pay his loan. Tony was surprised to learn that the finance company had also registered an interest on his second car which was not part of the loan agreement. Tony complained to FSCL asking the finance company to remove their interest.