AFCA Sides with Homeowners in Landmark Insurance Dispute Over Property Cracks

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.

Homeowners recently secured a favourable ruling against their insurer after a water leak led to significant structural damage.

After large cracks emerged on their property, Youi initially denied the insurance claim, attributing the damage to pre-existing issues like earth movement and tree root intrusion, both of which are exclusions in their policy.

Challenging Youi's stance, the homeowners took their dispute to the Australian Financial Complaints Authority (AFCA), which ultimately supported their case. The complainants argued that the damage, discovered shortly after the pipe leak in early 2023, was directly linked to the water escape.

An assessment by Youi's engineer had attributed the damage to ineffective drainage and was compounded by factors like inadequate footings and proximity to large trees. However, the homeowners countered this with their own engineer's assessment, indicating that the most severe damage occurred precisely where the leaked water had pooled, suggesting a strong correlation with the pipe burst rather than tree-induced movement.

AFCA emphasized the insurer's burden to establish that exclusions apply, noting Youi's lack of compelling evidence in their conclusions. The ombudsman's analysis favoured the complainants' expert findings, discounting the earth movement exclusion as unfounded given that the primary cause was the water leak.

The resolution mandates that Youi settle the claim, including coverage for temporary accommodations if necessary. Additionally, the insurer is required to compensate the homeowners with $1060 for professional fees alongside $4000 for non-financial losses, largely due to the distress caused by Youi's initial refusal to renew their policies. This decision was partly attributed to the insurer's premature policy termination despite the unresolved claim and ongoing case which involved credible external expert evaluations.

This development underscores the critical role of AFCA in ensuring that insurers adhere to fair practices and underscores the importance of homeowners closely documenting damage events to support their claims effectively.

The decision not only marks a significant outcome for consumer rights but also serves as a cautionary tale for insurers about the importance of comprehensive, evidence-based assessments before claim denial.

Published:Tuesday, 22nd Apr 2025
Source: Paige Estritori

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

Share this news item:

Insurance News

Marinex Underwriting Sets Sail in Australian Marine Insurance Market

10 Dec 2025: Paige Estritori

In a significant development for Australia's marine insurance sector, Rhodian Group has announced the launch of Marinex Underwriting, a specialised agency dedicated to addressing the complex insurance needs of the marine industry. This initiative marks Rhodian's third agency launch, following the establishment of Halo Underwriting and Batch Underwriting in previous years. - read more

Markel Insurance Strengthens Australian Presence with New Marine Leadership

10 Dec 2025: Paige Estritori

Markel Insurance has announced the appointment of Tim Wills as Head of Marine for Australia, signalling the company's strategic expansion into the Australian marine insurance market. Based in Sydney, Wills will spearhead the launch of Markel's marine products in the region, beginning with marine cargo insurance. - read more

GT Insurance Provides Flexible Solutions Amid Global Trade Shifts

10 Dec 2025: Paige Estritori

As global trade dynamics undergo significant shifts, GT Insurance is reaffirming its commitment to supporting marine clients navigating these challenges. The recent imposition of US tariffs-25% on Australian steel and aluminium, and 10% on other exported goods-has introduced new uncertainties for local exporters, particularly in sectors like beef and bulk freight. These tariffs, effective from April 5, 2025, have prompted concerns about declining export volumes and reduced freight margins. - read more

Northern Australian Marinas Appeal for Government Support Amid Escalating Insurance Costs

02 Dec 2025: Paige Estritori

Marina operators across Northern Australia are sounding the alarm over surging insurance premiums, with some reporting increases exceeding 300% in recent years. This financial strain is prompting urgent calls for government intervention to ensure the sustainability of the industry. - read more

Coast Insurance Announces New Co-CEOs to Propel Strategic Growth

02 Dec 2025: Paige Estritori

In a significant move within the Australian insurance sector, Coast Insurance has appointed Stephanie Muller and Jordan Brindley as Co-Chief Executive Officers. This strategic decision underscores the company's commitment to robust leadership and sustained growth. - read more

Click for more Insurance News

Boat Insurance Articles

How Proper Boat Maintenance Can Lower Your Insurance Costs

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

Setting Sail with Confidence: Tips for Comparing Boat Insurance Policies in Australia

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

Discover the Safe Harbor: Expert Advice for Choosing the Right Boat Insurance Policy

Navigating through the tranquil blue waters of Australia can be the highlight of any skipper's day, but the true peace of mind comes from knowing your vessel is protected. Boat insurance isn't just another tick on your checklist; it's an essential safeguard for your maritime lifestyle. In this article, we delve into why choosing the right boat insurance policy is not a luxury, but a necessity for boaters across Australia. - read more

How to Choose the Best Insurance Policy for Your Boat

Boat insurance policies are an essential requirement for boat owners in Australia. Understanding the different types of policies available, the level of cover provided by each policy, and the factors that can impact premiums, are all important steps when choosing the best insurance policy for your boat. - read more

5 Essential Factors to Consider When Choosing Boat Insurance in Australia

Welcome aboard the important topic of navigating the waters of boat insurance in Australia! Whether you're a seasoned skipper or a weekend sailor, ensuring your vessel is protected should always be a top priority. Boat insurance not only offers peace of mind but is also a crucial safeguard for your investment against unexpected events and accidents. - 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.

This website is owned and operated by Clark Family Pty Ltd (ACN 010 281 008) as Trustee for the Clark Family Trust (ABN 35 957 893 714), 43 Larch Street Tallebudgera QLD 4228. Clark Family Pty Ltd is an Authorised Representative (AR 1298860) of Unique Group Broker Services Pty Ltd (AFSL 509434) for financial product referrals and an Authorised Credit Representative (ACR 401491) of Saccasan Pty Ltd (ACL 386297). Check our licensing details on the ASIC registers: Clark Family Pty Ltd ACR, Clark Family Pty Ltd AR, Saccasan Pty Ltd, Unique Group Broker Services.

IMPORTANT: We do not provide financial product advice or credit assistance. We act solely as an introducer and refer enquiries to licensed third-party intermediaries, insurers, and lenders - with whom you can then deal directly. We may receive a fee or commission from these third parties in consideration for the referral. Before any action is taken to obtain a product or service referred to by this website, advice should be obtained (from either the third party to whom we refer you or from another qualified intermediary) as to the appropriateness of obtaining those products having regard to your objectives, financial situation and needs. Whilst we have our own process for validating the legitimacy of our referral partners, you should always verify the credentials of your financial adviser before proceeding with recommendations that they may present. Visit the ASIC website for further information.