
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.
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:
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.