Real Estate Agents Insurance Online :: News
SHARE

Share this news item!

Partial Settlement Reached in Homeowner's 'Slow Leak' Insurance Dispute

Partial Settlement Reached in Homeowner's 'Slow Leak' Insurance Dispute

Partial Settlement Reached in Homeowner's 'Slow Leak' Insurance Dispute?w=400
A recent ruling by the Australian Financial Complaints Authority (AFCA) has determined that Auto & General Services must cover a portion of a homeowner's insurance claim related to long-term water damage caused by a leaking pipe.
The decision comes after a protracted dispute regarding the coverage of damages arising from a leak that reportedly developed over 12 months, spanning both before and during the insurance policy period.

The homeowner discovered a large pool of water in the laundry area and made a claim with the insurer in February last year, shortly after the policy's inception in January. Upon investigation, it was found that the leak originated from a pipe situated between the bathroom and laundry walls. The damage included significant mould growth and timber deterioration, suggesting the leak had been ongoing.

Initially, Auto & General rejected the claim, arguing that the leak pre-dated the policy start date, thus falling outside the coverage scope. However, AFCA’s ruling contended that the crucial factor was the manifestation of loss or damage during the insured period, not the precise start of the leak.

AFCA highlighted ambiguities in the timing and progression of the damage, stating that the available documentation did not clearly delineate the timeline. While Auto & General’s assessment posited the leak was long-standing, the ruling acknowledged that some damage coincided with the policy period and required partial coverage. Consequently, it directed the insurer to pay for 50% of the repair costs.

This determination underscores significant implications for consumers and insurance providers alike. For policyholders, it highlights the importance of understanding policy nuances and the potential for claims adjudication in ambiguous situations. For insurers, it serves as a reminder of the necessity for clear communication and comprehensive documentation in resolving claim disputes. The ruling sets a critical precedent in interpreting policy terms where ongoing damage originates from before the coverage period but manifests during it.

As this decision reverberates through the industry, insurers may need to reassess policy wording and adjust communication strategies to minimize disputes. The resolution of such claims could involve more detailed investigations to establish timelines and causation more definitively. Moving forward, stakeholders should anticipate closer scrutiny of claims involving long-term damage, emphasizing the need for enhanced clarity and transparency in policy documents.

The AFCA ruling not only explicates this specific case but also paves the way for more balanced adjudications that account for the complexities inherent in prolonged damage claims, potentially influencing future policy clauses and dispute resolutions.

Published:Thursday, 1st May 2025
Source: Paige Estritori

Share this news item:

Insurance News

Asbestos Scare Leaves Hospitality Business Uninsured Asbestos Scare Leaves Hospitality Business Uninsured
04 Jul 2025: Paige Estritori

The discovery of asbestos-contaminated mulch in a Sydney park led to the cancellation of a festival, resulting in significant financial losses for a hospitality business. Despite these setbacks, the company's claim for coverage under its business interruption (BI) policy was rejected. - read more
Landmark NSW Decision: Dog Walking Costs Covered in Car Crash Injury Claims Landmark NSW Decision: Dog Walking Costs Covered in Car Crash Injury Claims
03 Jul 2025: Paige Estritori

In a groundbreaking decision by the NSW Personal Injury Commission, an insurer has been directed to cover the costs of dog walking services for a car crash victim. The commission ruled that these services classify as domestic assistance under the state’s Motor Accident Injuries Act. This case could pave the way for broader interpretations of 'attendant care services' for claimants. - read more
Extreme Weather Drives $1.8 Billion in First Half Losses for Australian Insurers Extreme Weather Drives $1.8 Billion in First Half Losses for Australian Insurers
03 Jul 2025: Paige Estritori

Extreme weather events in Australia have resulted in significant financial impacts for insurers, tallying $1.83 billion in losses during the first half of the year. This comes as insurance companies gear up for further claims linked to ongoing severe weather in New South Wales. - read more
ClearView Names New Underwriting Head Amidst Strategic Changes ClearView Names New Underwriting Head Amidst Strategic Changes
30 Jun 2025: Paige Estritori

ASX-listed life insurer ClearView has announced the appointment of Peter Tilocca as Head of Underwriting, coinciding with key updates to its underwriting standards and definitions. Tilocca's extensive two-decade career in Australian underwriting includes leadership roles at Zurich, Noble Oak, One Path Life, and RGA Australia. His new role with ClearView commenced on 30 June. - read more
Ombudsman Supports Theft Claimant in Home Business Coverage Dispute Ombudsman Supports Theft Claimant in Home Business Coverage Dispute
30 Jun 2025: Paige Estritori

A recent case has seen a policyholder triumph over her insurer after the Australian Financial Complaints Authority (AFCA) ruled in her favour following a contentious dispute regarding home business operations. The controversy arose when the woman's theft claim was denied by her insurance provider, IAG, over allegations of fraudulent misrepresentation about the use of her rental property. - read more


Real Estate Agents Insurance Articles

Understanding Income Protection Insurance for Real Estate Professionals Understanding Income Protection Insurance for Real Estate Professionals
Income protection insurance is designed to provide financial support if you're unable to work due to illness or injury. It ensures a portion of your income continues to be paid during times when you cannot earn. This type of insurance acts as a safety net, offering peace of mind by securing your financial stability during challenging times. - read more
Top 5 Risk Management Strategies Every Real Estate Agent Should Know Top 5 Risk Management Strategies Every Real Estate Agent Should Know
In the ever-changing world of real estate, understanding and managing risks are crucial tasks for any real estate agent. From fluctuating market conditions to regulatory shifts, several elements can affect the value and profitability of property investments. Effective risk management practices are essential for protecting assets and ensuring long-term success in this dynamic industry. - read more
Common Insurance Pitfalls for Real Estate Professionals Common Insurance Pitfalls for Real Estate Professionals
As a real estate professional, safeguarding your business through adequate insurance is crucial. The real estate industry is fraught with risks, from property damage to client disputes, and insurance serves as a safety net, ensuring that you're protected against unforeseen circumstances. - read more
Navigating the Risks: Essential Insurance Solutions for Real Estate Agents Navigating the Risks: Essential Insurance Solutions for Real Estate Agents
In the dynamic world of real estate, managing risks is as crucial as closing a sale. Real estate agents in Australia constantly navigate a landscape full of potential pitfalls, from market fluctuations to client disputes. Understanding these risks and having strategies to manage them is essential for a successful career. - read more
Common Real Estate Risks and How to Mitigate Them with Insurance Common Real Estate Risks and How to Mitigate Them with Insurance
In the vibrant world of real estate, understanding and managing risks is crucial for success. Real estate agents face a variety of risks that can impact their reputation, financial stability, and client relationships. Navigating these risks effectively is essential for maintaining a thriving business and ensuring client satisfaction. - read more
Common Real Estate Risks and How to Mitigate Them with Insurance Common Real Estate Risks and How to Mitigate Them with Insurance
In the vibrant world of real estate, understanding and managing risks is crucial for success. Real estate agents face a variety of risks that can impact their reputation, financial stability, and client relationships. Navigating these risks effectively is essential for maintaining a thriving business and ensuring client satisfaction. - read more
Common Insurance Pitfalls for Real Estate Professionals Common Insurance Pitfalls for Real Estate Professionals
As a real estate professional, safeguarding your business through adequate insurance is crucial. The real estate industry is fraught with risks, from property damage to client disputes, and insurance serves as a safety net, ensuring that you're protected against unforeseen circumstances. - read more
Understanding Income Protection Insurance for Real Estate Professionals Understanding Income Protection Insurance for Real Estate Professionals
Income protection insurance is designed to provide financial support if you're unable to work due to illness or injury. It ensures a portion of your income continues to be paid during times when you cannot earn. This type of insurance acts as a safety net, offering peace of mind by securing your financial stability during challenging times. - read more
Top 5 Risk Management Strategies Every Real Estate Agent Should Know Top 5 Risk Management Strategies Every Real Estate Agent Should Know
In the ever-changing world of real estate, understanding and managing risks are crucial tasks for any real estate agent. From fluctuating market conditions to regulatory shifts, several elements can affect the value and profitability of property investments. Effective risk management practices are essential for protecting assets and ensuring long-term success in this dynamic industry. - read more
Navigating the Risks: Essential Insurance Solutions for Real Estate Agents Navigating the Risks: Essential Insurance Solutions for Real Estate Agents
In the dynamic world of real estate, managing risks is as crucial as closing a sale. Real estate agents in Australia constantly navigate a landscape full of potential pitfalls, from market fluctuations to client disputes. Understanding these risks and having strategies to manage them is essential for a successful career. - read more


Your free insurance quote comparison starts here!
First Name:
Postcode:
All quotes are provided free and without obligation. We respect your privacy.

Knowledgebase
Term Life Insurance:
A life insurance that provides a cover for a specific period of time - usually one to five years or until the insured reaches age 65 or 70.