Home Parking Dilemma Leads to Insurance Dispute Loss
Home Parking Dilemma Leads to Insurance Dispute Loss
2
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.
A homeowner's struggle with her narrow driveway has culminated in the rejection of her car theft claim, illustrating the critical importance of adhering to insurance policy stipulations.
The insurer, SGUAS, denied the claim based on a clause that excluded coverage for vehicles left on the street between 10pm and 5am. The woman's car was stolen at 2am from directly outside her house, with the thieves gaining access by breaking into her home and taking the keys.
According to a police report, the location of the car would not have deterred the thieves, who broke a window to enter the house. “Regardless of where the car was parked, the offenders would have successfully taken the vehicle," stated the report.
The car owner revealed that she bought her insurance through a broker and relied on him for managing all details. She admitted to frequently parking on the street because of the difficulty in maneuvering her car into the narrow driveway and carport of her new home.
During the investigation, her broker argued to the Australian Financial Complaints Authority (AFCA) that the car would have been stolen regardless of its parking spot. However, AFCA maintained that the insurer was not liable as the homeowner did not inform them of her regular street parking, a critical deviation from the declared parking arrangements.
AFCA's ombudsman expressed sympathy for the homeowner's plight but upheld the policy's exclusion for overnight street parking. "It seems this practice was established due to the inaccessible driveway, yet the policy clearly stipulates the necessity to inform the insurer of any such changes," the ombudsman noted.
"The homeowner consistently parked on the street overnight, thereby invalidating her insurance claim due to the policy's terms. The failure to communicate this change prejudiced the insurer’s ability to assess the risk properly, justifying the claim denial," the AFCA representative explained.
AFCA further noted that street parking significantly increases the risk of theft, a factor emphasized in the insurer’s underwriting guidelines. “Even though the thieves acted boldly, the information provided by the insurer indicates a higher theft risk for cars parked on the road,” it stated.
At the inception of the policy, the homeowner’s broker had conveyed detailed parking arrangements to the insurer, even providing a picture of the carport. Yet, this information became obsolete when the homeowner developed a habit of street parking without updating the insurer.
This case serves as a stark reminder of the crucial role precise adherence to insurance policy terms plays. Policyholders should communicate any changes in their circumstances to ensure their coverage remains valid. For more details, you can refer to the original ruling by AFCA.
Recent findings from PwC's Insurance Banana Skins Survey highlight a concerning trend: Australian insurers are trailing their global counterparts in risk preparedness. The survey, which gathered insights from 698 insurance executives across 42 territories, indicates that Australian insurers scored 6.6% lower on the Preparedness Index compared to the global average. - read more
According to the latest Global Insurance Market Index by Marsh, commercial insurance rates in the Australia-Pacific region fell by 8% in the fourth quarter of 2024. This marks the most significant decline globally, surpassing reductions in other regions such as the UK (5%) and Asia (3%). - read more
In 2024, Australia's insurance industry recorded an after-tax profit of $6.1 billion, a significant increase from the five-year average of $2 billion. This surge is primarily attributed to substantial premium hikes and a reduction in severe weather events. - read more
Australia's construction insurance market has entered a softer phase in 2025, with premiums decreasing across various lines due to heightened competition among insurers. According to Marsh's Construction Insurance Market Update 2025, premium reductions averaged between 5% and 15% in the first half of the year. - read more
In 2025, Australia's insurance industry is grappling with rising claims costs, particularly within the construction sector, due to labour shortages and supply chain disruptions. Crawford & Company's latest Claims Inflation Update highlights that construction expenses are increasing at a rate faster than general consumer prices, with the Building Cost Index (BCI) rising nearly 5% annually. - read more
Budgeting is one of the most crucial aspects of running a small trade business. Without a proper budget, it's easy to lose track of your expenses and revenues, leaving you in a financial mess. This can be especially challenging for small trade businesses where margins are often tight, and a minor miscalculation can lead to significant issues down the line. - read more
Professional indemnity insurance (PI insurance) is a type of coverage designed to protect businesses and individuals who provide professional advice or services. It covers claims made against them for negligent acts, errors, or omissions in the performance of their professional duties. - read more
Insurance is a crucial safety net for tradespeople, protecting against unforeseen mishaps that can disrupt their work and finances. Whether you're a carpenter, electrician, plumber, or any other skilled trade professional, having the right insurance can make a significant difference in your business continuity and peace of mind. - read more
Trades insurance is a type of coverage specifically designed to protect those who work in various trades, such as electricians, plumbers, carpenters, and builders. It encompasses a range of insurance products tailored to address the unique risks and challenges faced by tradespeople in their day-to-day activities. - read more
For tradespeople, protecting your tools and equipment is crucial. These are not just tools; they are the backbone of your business. Without them, you can't complete jobs, meet client expectations, or generate income. This includes your Vehicle. - read more
'
Knowledgebase
Indemnity: A legal principle that stipulates that insurance policies should restore the insured to the financial position they were in before the loss.
