Broker Not Accountable for Passing on Insurer's Instructions
Broker Not Accountable for Passing on Insurer's Instructions
The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.
An Australian homeowner's effort to hold his insurance broker responsible for allegedly misleading him about coverage for emergency tree removal has been dismissed by regulatory authorities.
The incident unfolded following a storm that impaired trees on the insured premises.
Initially, the homeowner looked to claim a compensation from the insurer for clearing debris. However, he was informed that his policy would not cater to the removal of trees unless they caused damage to the property itself. Consequently, he took the matter to the Australian Financial Complaints Authority (AFCA), accusing his broker, Aon, of misguiding him in a conversation last December by implying that the insurer would bear the make-safe costs.
The homeowner presented AFCA with an invoice totaling $17,217 for tree removal to establish safe machinery access and an additional invoice of $7370 for further clearance. Aon contested the claim, asserting that their broker merely communicated the details relayed by the insurer to the complainant.
Aon backed its position with contact notes from the insurer which included recommendations to "remove dangerous hanging limbs as part of a make-safe, ensuring photos were taken of the removed limbs."
Records show that the broker had questioned the insurer about the policy's inapplicability concerning make-safe operations. "Our client has now been informed by the assessor that this 'make-safe' work is not covered - surely this would be considered make-safe work, given the alternative risks, such as electrocution or being hit by a falling tree or limb?” Bhupendranathmmmsiddharth_techtw, the email to the insurer reportedly asked.
AFCA’s ruling underscored that although the homeowner conducted the work thinking it would be covered by the policy, the actions of the broker were not prejudicial. The authority noted that the broker had diligently informed the client to document the procedures, yet there was no indication that a more extensive range of work was covered under the existing policy terms.
AFCA summized that in this event The broker did not make any remark or conduct any act that was misleading and deceptive, as it merely transmitted the information received from the insurer and that had the information provided been inaccurate, the fault lies not with the broker, but with the original source of information.
Additionally, AFCA clarified that even in instances of potentially misleading information, the homeowner may not have sustained a financial loss since the insurer would likely have not compensated for the make-safe work under any circumstances. Regardless of the insurance policy specifics, the complainant was obliged to conduct the necessary safety works. Even if there was incorrect information passed from the insurer by the broker, the liability cannot be placed on the broker by simply relaying what they were informed.
This decision supports the conclusion that Aon, as a broker, carried out its duty by correctly conveying the insurer's instructions and therefore, should not bear the burden of liability for the disputed costs.
This case offers a valuable lesson in understanding where liabilities begin and end in the complex web of insurer-broker-customer communications, reminding policyholders to scrutinize the fine details of insurance contracts.
Original information for this article was sourced from Insurance News.
Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.
A new alliance between the Victorian Chamber of Commerce and Industry and Zest Insurance is putting small business underinsurance back in the spotlight, with education, practical tools and risk resources to be delivered through the Chamber’s THRIVE program. - read more
A recent insurance dispute involving a food delivery business offers a practical warning for Australian restaurant and café operators: if a location is not listed on the policy schedule, the cover may not respond when something goes wrong. - read more
The question of whether Australia needs a dedicated flood reinsurance pool has returned to the insurance agenda, with fresh attention following severe July weather across southern and eastern Australia and the ongoing statutory review of the Cyclone Reinsurance Pool. For strata committees, the debate matters because flood remains one of the clearest pressure points in property insurance affordability, particularly for schemes with basement car parks, lifts, electrical infrastructure, waterfront exposure or poor drainage. - read more
NSW Fair Trading’s criminal proceedings against Netstrata have put strata insurance governance back in the spotlight, particularly for owners corporations trying to understand whether their premiums, commissions and service arrangements are being handled transparently. The action, reported on 9 July 2026, alleges the strata manager failed to adequately disclose or manage conflicts of interest and received undisclosed financial benefits. Netstrata has indicated the charges will be defended, so the matter remains before the courts rather than resolved. - read more
A recent Australian Financial Complaints Authority decision has put a sharp spotlight on a point many self-employed workers can easily overlook: the difference between being unable to work and being covered under the exact wording of an insurance policy. - read more
When it comes to car insurance for new drivers in Australia, navigating through the options can be overwhelming. Understanding the various factors that impact insurance premiums is crucial for making informed decisions. - read more
Car insurance is an essential part of owning a vehicle in Australia, providing financial protection and peace of mind. Standard coverage typically includes protection against collision damage, theft, and various liabilities. However, the world of car insurance doesn’t stop here; enter the realm of 'extras' - additional options that go beyond the basics. - read more
Car insurance is a critical component of responsible vehicle ownership in Australia. With roads bustling with diverse traffic, from urban highways to outback tracks, safeguarding your journey becomes indispensable. However, the complex world of car insurance can bewilder even the most astute driver. This article embarks on a quest to demystify the process of comparing car insurance quotes, aiming for not just coverage, but substantial savings too. - read more
Car insurance is a critical aspect of vehicle ownership that can save you from financial distress in case of accidents, theft, or damage. For Australian consumers, understanding the ins and outs of car insurance is essential for ensuring that you're adequately protected without overpaying for your coverage. - read more
Car insurance is an essential part of owning and driving a vehicle, providing protection and peace of mind on the road. While most Australians are familiar with the basic coverage options, understanding the finer details of premium calculations can be quite complex. One of the key factors influencing these calculations is age. - read more
Knowledgebase
Professional indemnity: An insurance that provides cover for liability incurred in the course of exercising a profession.
No comments yet. Be the first to share your thoughts.