AFCA Ruling: Trucking Firm's Claim Invalid Due to Misrepresentation

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.

A recent decision by the Australian Financial Complaints Authority (AFCA) has highlighted the importance of accurate disclosure in insurance applications.

A trucking company's claim under an NTI commercial motor vehicle policy was denied after discrepancies were found in the company's insurance history and operational radius claims.

The issue arose when the firm, led by a sole director identified as "B," sought insurance through a broker. The truck, valued at $82,500, was purchased from "C," the director of another company called "CT". The insurance application falsely stated the company had two years of prior operational and insurance history. Additionally, the declared operational radius was less than 600 km, despite the truck operating interstate.

NTI, upon reviewing the claim, refunded the premiums and rejected the coverage, citing misrepresentation. AFCA supported NTI's decision, reinforcing that no previous insurance was held by the complainant, who had operated for only 19 months. AFCA highlighted that while the business relationship with CT may have confused the broker, a reasonable person wouldn't have provided such misleading information.

This case underscores the critical nature of transparency and accuracy in insurance applications. Misrepresentations, whether inadvertent or deliberate, can lead to denied claims and significant financial repercussions. For businesses, particularly those engaging in partnerships or involving third-party brokers, this ruling serves as a reminder of the due diligence required when disclosing insurance history and operational specifics.

The decision also illustrates the strict adherence to policy stipulations regarding insurance history-a key criterion for coverage eligibility. For consumers, it highlights the importance of understanding the details of insurance applications and the potential impact of inaccurate disclosures.

The ruling may prompt businesses to review their insurance policies and application processes, ensuring alignment with operational realities and disclosure requirements. It serves as a cautionary tale for companies relying on brokers or partners to manage insurance applications, emphasizing the need for oversight to prevent costly mistakes.

For insurers, this case could lead to more rigorous checks during the application assessment to verify client information, reducing the risk of similar occurrences. As the financial services landscape evolves, such cases might influence further regulatory updates to safeguard both insurers and policyholders.

Published:Thursday, 10th Apr 2025
Source: Paige Estritori

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

Share this news item:

Insurance News

APRA Implements Cap on High DTI Home Loans to Address Housing Market Concerns

13 Dec 2025: Paige Estritori

The Australian Prudential Regulation Authority (APRA) has announced a significant policy change aimed at mitigating risks in the housing market. Effective February 2026, APRA will impose a cap on high debt-to-income (DTI) home loans, limiting such loans to 20% of new home lending. This measure applies to both owner-occupiers and investors, with the exception of new housing developments. - read more

CHU's 2025 State of the Strata Market Report: Key Insights for Property Owners

13 Dec 2025: Paige Estritori

CHU, Australia's leading strata insurance underwriting agency, has released its 2025 State of the Strata Market report, providing a comprehensive analysis of current industry trends and challenges. The report indicates that strata insurance premiums have experienced a modest increase of 2.8% over the past year, rising from an average of $954 to $981 per lot annually. This growth rate is notably lower than the 3. - read more

NSW Fair Trading Proposes New Powers to Ensure Strata Property Maintenance

13 Dec 2025: Paige Estritori

The New South Wales (NSW) government has introduced a new tranche of strata reforms to parliament, aiming to enhance the maintenance and safety of apartment buildings across the state. A key component of these reforms is the proposal to grant NSW Fair Trading the authority to enter any apartment building without a warrant if there are reasonable grounds to believe that the owners corporation is failing to maintain common property adequately. - read more

ACCC Halts IAG's Acquisition of RAC Insurance Over Competition Concerns

11 Dec 2025: Paige Estritori

The Australian Competition and Consumer Commission (ACCC) has recently blocked Insurance Australia Group's (IAG) proposed acquisition of RAC Insurance Pty Limited. This decision underscores the regulator's commitment to maintaining competitive dynamics within Western Australia's insurance market. - read more

Suncorp Reaches Maximum Reinsurance Retention Following Severe Storms in Queensland and NSW

11 Dec 2025: Paige Estritori

Recent supercell thunderstorms in South East Queensland and northern New South Wales have led to a surge in insurance claims, prompting Suncorp to reach its maximum reinsurance retention of $350 million. The insurer has reported over 10,000 claims related to these events, with approximately half pertaining to home damages and the other half to motor vehicles. - read more

Click for more Insurance News

Professionals Insurance Articles

The Importance of Professional Indemnity Insurance for Freelance Professionals

Professional indemnity insurance is a vital safety net for freelance professionals. It is designed to protect individuals offering expert services or advice from claims of negligence or misconduct. Whether you're a consultant, designer, or engineer, having this insurance ensures that you're prepared for unexpected liabilities that could arise from your professional activities. - read more

Tailoring Income Protection for Medical Professionals

Income protection insurance is a vital safety net for individuals across various professions, designed to provide financial stability if one is unable to work due to illness or injury. This type of insurance replaces a percentage of your income, alleviating the burden of regular expenses while you focus on recovery. For medical professionals who often have high earnings and extensive financial commitments, this coverage is particularly important. - read more

How Cyber Insurance Can Protect You as a Freelance Professional

In our digitally-driven world, cyber insurance has become an essential safeguard for anyone who operates online, particularly freelance professionals. At its core, cyber insurance is designed to help cover the risks associated with cyberattacks or data breaches, which can be devastating to both your reputation and your finances. - read more

Essential Insurance Solutions for Australian Professionals

In today's ever-evolving professional landscape, having the right insurance coverage is becoming increasingly important for Australian professionals. As more individuals step into freelance work and independent contracting, the need for tailored insurance solutions becomes crucial. Professionals in fields like IT consulting, engineering, and interior design face unique risks that necessitate proper protection. - read more

Protecting Your Professional Income: Understanding Income Protection Insurance

Income protection insurance is a financial safety net for individuals who are unable to work due to illness or injury. It ensures that you receive a percentage of your income during times when you cannot earn a salary, helping you maintain your lifestyle as you recover. This type of insurance offers peace of mind by providing financial support when it is needed most, allowing you to focus on recovery rather than financial pressures. - read more

Knowledgebase

Loss Ratio:
The ratio of claims paid by an insurer to the premiums earned, used as a measure of profitability.

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.