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
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?

No cover for pre-existing medical conditions 2019

While studying overseas, Aida ended up in hospital. Aida claimed on her insurance to cover the costs but her claim was denied due to a pre-existing medical condition.