In May 2024, a fire devastated the pizzeria and the owner's residence above it. The owner's accountant, who applied for the insurance policy online, had incorrectly stated that no claims had been made in the previous five years, overlooking five claims filed between 2020 and 2022. QBE denied the claim based on this misrepresentation.
AFCA acknowledged the misrepresentation but found that QBE failed to demonstrate it would have declined coverage had the full claims history been disclosed. The authority also criticized QBE's handling of the claim, noting that the process was unnecessarily prolonged and lacked the necessary support for a vulnerable customer.
Key takeaways for restaurant and café owners from this ruling include:
- Accurate Disclosure: Ensure all information provided during the insurance application process is accurate and complete to prevent potential claim denials.
- Understanding Policy Terms: Familiarize yourself with your policy's terms and conditions, including disclosure obligations and the insurer's claims process.
- Advocacy and Support: If you feel that your claim is being mishandled, seek support from industry bodies or legal advisors to advocate on your behalf.
This case highlights the importance of transparency and diligence in the insurance process. Restaurant owners should work closely with their insurers and brokers to ensure all information is accurately disclosed and that they receive the support they need during the claims process.
Published: Wednesday 7th January, 2026
Please Note: If this information affects you or is relevant to your circumstances, seek advice from a licensed professional.
