Broker Not Accountable for Passing on Insurer's Instructions

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.

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.

Published:Friday, 11th Oct 2024
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Clear

IAG's Commitment to Improved Flood Response Following Parliamentary Inquiry

19 Feb 2026: Paige Estritori

Insurance Australia Group (IAG), the parent company of well-known brands such as NRMA Insurance, CGU, and WFI, has expressed its support for the recent parliamentary inquiry report examining insurers' responses to the 2022 major floods. The report, released by the House of Representatives Standing Committee on Economics, outlines 86 recommendations aimed at enhancing communication, support, and overall outcomes for customers affected by severe weather events. - read more

Australian Insurers Leverage AI for Enhanced Efficiency and Service

19 Feb 2026: Paige Estritori

In the dynamic landscape of the Australian insurance industry, companies are increasingly turning to artificial intelligence (AI) to bolster efficiency and elevate customer service. This strategic shift aims to address the multifaceted challenges posed by economic fluctuations, climate change, and evolving consumer expectations. - read more

IAG's NextGen Ambition Program: A Gateway for Aspiring Insurance Professionals

19 Feb 2026: Paige Estritori

Insurance Australia Group (IAG), a leading name in the Australian insurance sector, has unveiled the second iteration of its NextGen Ambition Program. This innovative initiative is designed to provide high school graduates with a unique opportunity to embark on a career in the insurance industry without the prerequisite of a university degree. - read more

Navigating the Surge in Insurance Risks for Australian Businesses

18 Feb 2026: Paige Estritori

Australian businesses are currently grappling with a complex landscape of escalating insurance risks, driven by factors such as increased litigation, rapid technological advancements, supply chain disruptions, catastrophic events, and geopolitical tensions. These challenges necessitate a proactive approach to risk management and insurance coverage. - read more

Learning from Near Misses: Enhancing Farm Safety in Australia

18 Feb 2026: Paige Estritori

In July 2025, Farmsafe Australia launched the 'Second Chances - Who Knows How Many You'll Get' campaign, aiming to transform near misses on farms into learning opportunities to prevent future accidents. This initiative underscores the critical importance of recognising and addressing close calls in agricultural settings. - read more

Click for more Insurance News