Commercial Property Insurance Online :: News
SHARE

Share this news item!

AFCA Upholds Restaurant's Arson Claim Amid Disclosure Dispute

Understanding the Implications of Non-Disclosure in Insurance Claims

AFCA Upholds Restaurant's Arson Claim Amid Disclosure Dispute?w=400

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.

In a significant ruling, the Australian Financial Complaints Authority (AFCA) has directed QBE Insurance to honour an arson claim from a restaurant, despite the director's failure to disclose his criminal history during the policy's inception.
This decision underscores the complexities surrounding disclosure obligations and the importance of clear communication between insurers and policyholders.

The case involved a restaurant and takeaway business that suffered extensive damage due to an arson attack on August 2, 2024. The insurer, QBE, declined the claim, citing the director's non-disclosure of prior criminal convictions. The director contended that the omission was unintentional and offered to pay any additional premiums that might have been applicable had his history been disclosed.

AFCA's investigation revealed that QBE could not provide concrete evidence of the specific questions asked during the policy's inception, as the process was conducted through an electronic platform managed by a broker. Without clear documentation of the disclosure requirements, AFCA determined that the insurer had not sufficiently established a failure in the duty of disclosure by the insured.

This ruling highlights several critical points for restaurant and café owners regarding insurance policies:

  • Clarity in Disclosure Requirements: Insurers must ensure that their disclosure questions are explicit and that records of these interactions are meticulously maintained.
  • Policyholder Vigilance: Business owners should proactively disclose any information that might be deemed material to the insurer, even if not explicitly requested, to avoid potential disputes.
  • Broker Communication: When policies are arranged through brokers, it's essential for all parties to have a clear understanding of the disclosure obligations and to document all communications thoroughly.

For restaurant owners, this case serves as a reminder of the importance of transparency and the need to understand the intricacies of their insurance policies. Ensuring that all relevant information is disclosed can prevent complications during the claims process and safeguard the business against unforeseen events.

Published:Wednesday, 7th Jan 2026
Source: Paige Estritori

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

Share this news item:

Insurance News

The Financial Perils of Travelling Uninsured: A Wake-Up Call for Australians
The Financial Perils of Travelling Uninsured: A Wake-Up Call for Australians
12 Mar 2026: Paige Estritori
Recent research has unveiled a concerning trend: 14% of Australian travellers embark on international journeys without any form of travel insurance. This statistic is even more alarming among younger travellers under 30, with nearly one in four opting to travel uninsured. Such decisions expose individuals to significant financial risks, especially when unforeseen events occur abroad. - read more
IAG CEO Predicts Ongoing Insurance Premium Rises
IAG CEO Predicts Ongoing Insurance Premium Rises
12 Mar 2026: Paige Estritori
Insurance Australia Group (IAG) has reported a significant 91% increase in net profit for the first half of the 2025 financial year, reaching $778 million. This surge is largely attributed to favourable weather conditions and a reduction in claims. Despite this positive financial performance, IAG's CEO, Nick Hawkins, has indicated that insurance premiums are expected to continue rising, albeit at a slower pace than in previous years. - read more
ICA Unveils Strategy to Combat Rising Motor Insurance Costs
ICA Unveils Strategy to Combat Rising Motor Insurance Costs
12 Mar 2026: Paige Estritori
The Insurance Council of Australia (ICA) has released a comprehensive report titled 'Motor Insurance Policy Paper - A Roadmap for Reducing Rising Premiums,' calling for urgent and coordinated action to address the systemic cost drivers behind escalating motor insurance premiums. The report highlights that comprehensive motor insurance premiums have increased by 42% since 2019, reaching an average of $1,052 per year in 2024. - read more
APRA Data Reveals Steady Performance in General Insurance Intermediaries
APRA Data Reveals Steady Performance in General Insurance Intermediaries
12 Mar 2026: Paige Estritori
The Australian Prudential Regulation Authority (APRA) has released its latest bi-annual report on intermediated general insurance, providing insights into market activity for the six months ending June 2025. The data indicates a stable performance among general insurance intermediaries, with total premiums invoiced through intermediaries reaching $21.5 billion. Of this, $17.6 billion was placed with APRA-authorized general insurers, $2.6 billion with Lloyd’s underwriters, and $1.3 billion with unauthorized foreign insurers. - read more
ICA Advocates for Overhaul of Civil Liability Laws Amid Rising Insurance Premiums
ICA Advocates for Overhaul of Civil Liability Laws Amid Rising Insurance Premiums
12 Mar 2026: Paige Estritori
The Insurance Council of Australia (ICA) has recently released a white paper highlighting the urgent need for reforms to state and territory civil liability laws, which have remained largely unchanged for nearly 25 years. These outdated laws are contributing to significant increases in public liability insurance premiums, affecting a wide range of businesses across the nation. - read more


Commercial Property Insurance Articles

Beyond the Basics: Essential Add-Ons for Comprehensive Commercial Property Insurance
Beyond the Basics: Essential Add-Ons for Comprehensive Commercial Property Insurance
Commercial property insurance is a vital safeguard for businesses and landlords, protecting physical assets from a variety of risks. This type of insurance covers a range of properties, from office buildings to retail spaces, ensuring that in the event of damage or loss, you have financial support to recover your investment. - read more
Is Commercial Property Insurance Mandatory? What Every Landlord Should Know
Is Commercial Property Insurance Mandatory? What Every Landlord Should Know
Commercial property insurance is a type of coverage designed to protect property landlords and investors from various risks. It typically encompasses buildings, equipment, and other assets associated with commercial spaces. Understanding this insurance is crucial for anyone involved in property leasing or investment, as it can safeguard against significant financial loss. - read more
What Factors Affect Commercial Property Insurance Premiums?
What Factors Affect Commercial Property Insurance Premiums?
Commercial property insurance is designed to protect businesses and landlords against losses to their buildings and other related assets. This type of insurance covers various incidents, such as fire, theft, and damage from natural disasters. It's essential for safeguarding not just the physical property but also the livelihood associated with the business operations conducted within that space. - read more
The Essential Checklist for Property Investors: Filing a Claim with Confidence
The Essential Checklist for Property Investors: Filing a Claim with Confidence
As a property investor, having the right commercial property insurance is vital. It protects your investment against unexpected events, ensuring that your assets are safeguarded. Commercial property insurance covers a range of risks that can lead to significant financial losses, from natural disasters to theft. Understanding the nuances of this insurance is essential for making informed decisions that impact your bottom line. - read more
What does Commercial Property Insurance cover?
What does Commercial Property Insurance cover?
Commercial property insurance is vital for anyone who owns or operates a business that involves a physical location. This type of insurance protects your business premises, equipment, and any inventory within the space. Whether you're a landlord, a small business owner, or a property investor, having a solid understanding of commercial property insurance is essential. It not only safeguards your physical assets but also provides peace of mind for your financial investment. - read more


Your free insurance quote comparison starts here!
First Name:
Postcode:

All quotes are provided free and without obligation by a Specialist from our National Broker referral panel. See our Privacy Statement for more details.


Knowledgebase
Coverage:
The amount of risk or liability covered for an individual or entity by way of insurance services.