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.
Fresh marine safety attention on lithium-ion battery fires is a timely warning for Australian boat owners, particularly as more vessels carry rechargeable equipment. From electric tenders and fishing electronics to portable fridges, power tools, e-foils, scooters and camera gear, modern boating increasingly depends on compact batteries that can store a lot of energy in a small space. - read more
Australia’s latest external dispute resolution figures are a timely reminder that insurance value is tested most clearly at claim time. While the data is not written specifically for marine policies, it points to familiar pressure points for boat owners: delayed decisions, disputes about policy wording, disagreements over repair scope and frustration when communication breaks down. - read more
Australia’s latest severe weather preparedness messaging from the insurance sector is a timely reminder that boat owners face a different risk profile to many households. Storms, flood surge, hail, cyclonic winds and marina damage can all affect vessels well before a skipper has a chance to move them. For owners in Queensland, New South Wales, Western Australia and the Northern Territory in particular, the lead-up to summer is not just a maintenance checkpoint; it is a financial protection checkpoint. - read more
Australia’s latest marine incident figures are a timely reminder that good boating is not only about enjoying time on the water; it is also about managing risk before something goes wrong. The 2025 Marine Incident Annual Report, highlighted by Marine Business News, examined incidents involving domestic commercial vessels, foreign-flagged vessels and regulated Australian vessels operating in Australian waters. - read more
A fresh development in Australia’s insurance broking sector is worth watching for boat owners, charter operators and anyone who relies on specialist advice to arrange marine cover. On 14 July 2026, Insurance News reported that global private equity firm KKR had joined the consortium seeking to acquire Steadfast Group in a proposed $7.7 billion transaction. - read more
In the bustling world of boating, eco-friendly practices are becoming increasingly popular among enthusiasts. Understanding what it means to adopt sustainable practices on the water is essential both for the health of our environment and for those who cherish nautical adventures. - 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
Owning a boat is a cherished luxury for many Australians, offering endless adventures on the open water. But with this privilege comes the responsibility of proper boat maintenance. Regular upkeep isn't just about preserving the longevity and performance of your vessel; it's a crucial aspect that directly impacts your insurance premiums. - read more
Welcome to our blog on understanding boat insurance, specifically tailored for new boat owners. Owning a boat is an exciting adventure filled with the promise of memorable experiences on the water. - read more
Australia's climate is a tapestry of extremes, with its beautiful coastlines often bearing the brunt of severe and capricious weather conditions. From unforgiving sun to sudden squalls, Aussie boat owners know all too well the challenges that Mother Nature can present. - read more
Knowledgebase
Liability Insurance: Insurance that provides protection from claims arising from injuries or damage to other people or property
No comments yet. Be the first to share your thoughts.