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.
APRAs latest update to the general insurance reinsurance framework may sound like a back-office regulatory change, but it has practical relevance for Australian boat owners watching premiums, excesses and renewal conditions. Published on 7 July 2026, the reforms are designed to give general insurers better access to alternative reinsurance arrangements while keeping safeguards in place for policyholders. - read more
A new review by the General Insurance Code Governance Committee has put renewal pricing transparency back under the spotlight, with findings that matter well beyond home and motor policies. For Australian boat owners, the message is simple: when your policy renewal arrives, the payment frequency can be just as important as the headline premium. - read more
The Insurance Council of Australia has released a draft General Insurance Code of Practice for feedback, marking a significant step in the industry’s push to strengthen customer protections. Released on 24 June 2026, the draft is open for consultation until 21 July 2026 and is designed to make key obligations legally enforceable through insurance contracts. - read more
Berkshire Hathaway Specialty Insurance (BHSI) has announced the promotion of Anna Spink to Head of Marine, Australasia. This strategic move underscores BHSI's commitment to bolstering its marine insurance operations across the region. - read more
Quay Marine Insurance has been appointed as a Coverholder for XL Insurance Company SE (XLICSE), a subsidiary of AXA XL, marking a significant milestone in its mission to provide tailored marine insurance solutions across Australia. - read more
A boat insurance policy is a contract between an insurer and a boat owner, providing protection against various risks and liabilities associated with owning and operating a boat. It typically covers damage or loss to the boat, liability for bodily injury or property damage caused by the boat, and medical expenses for individuals injured on the boat. - read more
Welcome aboard, Aussie skippers! When it comes to navigating the waves, whether you're doing it for leisure or livelihood, securing the right boat insurance is as crucial as knowing your starboard from your port. With varied waters and changing conditions, Australian boat owners face unique challenges that make comprehensive insurance coverage not just a choice, but a necessity. - read more
Have you ever imagined cruising the beautiful waters of Australia, feeling the wind in your hair and the sun on your face? While owning a boat offers immense joy and freedom, it also comes with responsibilities, one of which is ensuring your vessel is properly insured. - read more
Welcome to the nautical world of boat insurance – a crucial safeguard for any Australian skippering their own vessel. Whether you're a seasoned sailor or just beginning to dip your toes in the water, understanding the intricacies of boat insurance is essential in ensuring your maritime escapades are smooth sailing. - read more
Welcome, fellow boating enthusiasts! Whether you are new to the world of boating or an experienced sailor, the importance of maintaining your vessel cannot be overstated. Proper boat maintenance is essential for ensuring the safety of everyone on board and extending the life of your beloved watercraft. - read more
Knowledgebase
Depreciation: The reduction in the value of an asset over time, used in insurance to calculate the actual cash value of property.
No comments yet. Be the first to share your thoughts.