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 Australian Financial Complaints Authority decision has put income protection claims under the spotlight, with useful lessons for tradies who rely on their own capacity to work. The dispute involved a delivery driver who had received weekly income protection benefits after a serious arm-related medical condition prevented him from working. The insurer later tried to recover more than $31,000 in paid benefits, arguing it had information suggesting he could have returned to work earlier. - read more
QBE’s decision to stop offering its standalone office and trade pack products from July 2026 is a timely reminder for Australian tradies to treat every renewal as more than a simple rollover. The insurer is moving customers towards a standard business cover structure, with existing trade pack policyholders expected to be offered the replacement product at renewal from October 2026. - read more
The Insurance Council of Australia’s redrafted General Insurance Code of Practice has moved into consultation, with submissions open until 21 July 2026 and a transition period of around two years expected if the code proceeds. For trade business owners, the headline change is that key insurer commitments are intended to become contractually enforceable, rather than sitting only as industry standards. - read more
The Australian Prudential Regulation Authority (APRA) is set to host the 2026 AFR Insurance Summit on June 16 at The Fullerton Hotel in Sydney. This pivotal event will bring together industry leaders to address pressing issues within Australia's insurance sector, with a particular emphasis on climate-related risks, insurance affordability, and maintaining public trust. - read more
Dynamic Insurance Services has initiated legal proceedings against Steadfast Group, QBE Insurance, and Allianz Australia Insurance, alleging coordinated actions that restricted its access to essential insurance products. The lawsuit, filed in March 2026, claims that these companies engaged in practices that adversely affected Dynamic's business operations. - 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
Have you ever thought about making the leap from being a skilled tradie to running your own business? It's an exciting journey that many Australians are considering, as it offers the chance to not only work for yourself but also to create something meaningful in your community. - read more
Tradespeople work hard to earn their income, often facing unique expenses that can impact their bottom line. Understanding and maximizing tax deductions is crucial for minimizing these costs and keeping more of what they earn. By making informed decisions about expenses, tradespeople can significantly reduce their taxable income. - read more
Trade insurance is an essential safeguard for subcontractors in Australia. It offers a safety net that protects against the uncertainties and inherent risks in the industry. Whether you're a plumber, electrician, or construction worker, having the right kind of insurance can mean the difference between financial stability and ruin. - read more
Knowledgebase
Deductible: The amount you must pay out-of-pocket for expenses before your insurance company covers the remaining costs.
No comments yet. Be the first to share your thoughts.