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
Old dog, new claim 2018

Aaron’s pet insurance policy excluded any claims related to the arthritis in his dog’s right front foot. When the dog fell and injured his elbow, the insurer declined Aaron’s claim, saying the injury was related to the arthritis. Had the insurer correctly declined Aaron’s claim?

Back cracking, but cover lacking 2018

When completing his health insurance application, Brian failed to disclose that he had back and shoulder injuries, and he had monthly visits to a chiropractor. After having an insurance claim declined for non-disclosure, Brian complained his adviser hadn’t told him about the need for disclosure. Is the adviser liable for Brian’s lost insurance cover?

An expensive delay 2018

Blake’s debt was given to a debt collection agency – but the debt collection agency took two years to contact him. Could the debt collection agency charge Blake interest during this two-year delay?

You take my breath away 2018

Murray’s breathlessness hadn’t been diagnosed as heart-related when he purchased travel insurance – was the insurer allowed to decline his claim for cancellation costs?

Are these fees feasible? 2017

After Ben’s father passed away, Ben and his family worked with the professional trustee company appointed as executor of the will, to wind up the father’s estate. Ben complained about the trustee company’s fees, and FSCL assisted the parties to reach a negotiated resolution of the complaint.

A matter of the heart 2018

Seline’s insurance adviser recommended she move to a new insurer. When Seline had a heart attack, her new insurer declined her claim. Was the adviser responsible for Seline’s lack of cover?

The devil’s in the definitions 2018

Edwyna’s insurer paid to repair some leaks in her boat. A few months later, she discovered the boat was still leaking, but the insurer was refusing to pay for more repairs. What could Edwyna do?

What to do when you are sued? 2018

Seth was sued for damages by his employer, for whom he contracted. Seth’s insurer agreed to pay any damages Seth was found liable for. Seth settled the dispute out of court with his employer without asking his insurer. Is the insurer still bound to pay Seth?

Excessive fees for estate administration 2018

Charlie complained that the trustee appointed to her mother’s estate was charging the estate unnecessary fees.

Nothing comes free, or does it? 2018

A prisoner opens an account with a credit union which is advertised as free for prisoners. A few years later the credit union decides to change its policy and starts charging fees. The prisoner disputes this.