Restaurant Insurance Online :: News
SHARE

Share this news item!

Insurer Required to Honour Arson Claim Amidst Director's Undisclosed Criminal Past

AFCA Ruling Highlights Insurer's Burden of Proof in Disclosure Disputes

Insurer Required to Honour Arson Claim Amidst Director's Undisclosed Criminal Past?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.

The Australian Financial Complaints Authority (AFCA) recently ruled that an insurer must pay an arson claim, despite the insured company's director having an undisclosed criminal history.
This decision emphasizes the insurer's responsibility to prove non-disclosure when denying claims.

The case involved a restaurant and takeaway business insured by QBE. In August 2024, an arson attack destroyed the business's contents and halted operations. QBE denied the claim, alleging that the director's criminal convictions were not disclosed during policy inception.

The director contended that the omission was unintentional and offered to pay any additional premiums resulting from his criminal history. However, QBE maintained that disclosure would have led to a refusal to insure.

AFCA found that QBE could not provide evidence of the specific questions asked during the policy's inception, as the broker used an electronic platform linked to QBE's systems, and no screenshots were provided. Without clear evidence of the questions posed, AFCA determined that QBE failed to establish that the director had a duty to disclose his criminal history.

Consequently, AFCA ordered QBE to reinstate the policy and process the claim in accordance with its terms and conditions. This ruling underscores the importance for insurers to maintain comprehensive records of disclosure processes and for policyholders to ensure full transparency during policy applications.

Published:Tuesday, 24th Feb 2026
Source: Paige Estritori

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

Share this news item:

Insurance News

Undisclosed Tenant Activities Result in Denied Insurance Claim for Landlord
Undisclosed Tenant Activities Result in Denied Insurance Claim for Landlord
24 Feb 2026: Paige Estritori
In a recent ruling by the Australian Financial Complaints Authority (AFCA), a landlord's $99,295 theft claim was denied due to non-disclosure of a tenant's change in property use. The case underscores the critical importance of accurate tenant use disclosure in property insurance policies. - read more
Insurer Required to Honour Arson Claim Amidst Director's Undisclosed Criminal Past
Insurer Required to Honour Arson Claim Amidst Director's Undisclosed Criminal Past
24 Feb 2026: Paige Estritori
The Australian Financial Complaints Authority (AFCA) recently ruled that an insurer must pay an arson claim, despite the insured company's director having an undisclosed criminal history. This decision emphasizes the insurer's responsibility to prove non-disclosure when denying claims. - read more
Soaring Insurance Premiums Leave NSW Businesses Underinsured
Soaring Insurance Premiums Leave NSW Businesses Underinsured
24 Feb 2026: Paige Estritori
Business NSW has raised concerns over escalating insurance premiums, revealing that 64% of surveyed businesses are not fully insured against catastrophes. The survey also found that nearly 80% of businesses experienced double-digit premium increases over the past year, with one in three facing hikes exceeding 30%. - read more
IAG Foresees Ongoing Insurance Premium Rises Amidst Inflation and Climate Concerns
IAG Foresees Ongoing Insurance Premium Rises Amidst Inflation and Climate Concerns
16 Feb 2026: Paige Estritori
Insurance Australia Group (IAG), a leading insurer in the Australian market, has reported a significant 91% increase in net profit for the first half of the 2024-2025 financial year, amounting to $778 million. This surge is largely attributed to favourable weather conditions during the period. Despite this positive financial outcome, IAG's CEO, Nick Hawkins, has indicated that insurance premiums are expected to continue rising, though at a more moderated pace compared to previous years. - read more
Lismore Pizza Restaurant Secures Insurance Payout After Stormwater Damage Dispute
Lismore Pizza Restaurant Secures Insurance Payout After Stormwater Damage Dispute
16 Feb 2026: Paige Estritori
A Lismore-based pizza restaurant has successfully resolved an insurance dispute concerning stormwater damage sustained during severe weather events in February 2023. The restaurant experienced multiple instances of stormwater ingress between 10 pm on February 27 and 4 am on February 28, with water levels reaching up to 100mm before the premises were overwhelmed by floodwaters. - read more


Restaurant Insurance Articles

The Legal Risks of Running a Restaurant: How Insurance Can Safeguard Your Business
The Legal Risks of Running a Restaurant: How Insurance Can Safeguard Your Business
Running a restaurant in Australia is exciting and full of potential, but it's not without its legal challenges. From compliance with food safety standards to managing employee relations, restaurant owners must navigate a complex web of regulations and potential legal issues. Issues such as slip and fall accidents, supplier disputes, and licensing can all pose significant risks. - read more
Navigating the Insurance Landscape: Financial Strategies for Restaurant Owners
Navigating the Insurance Landscape: Financial Strategies for Restaurant Owners
In the bustling world of hospitality, restaurant owners face a unique set of challenges that can impact their financial stability. From unexpected kitchen mishaps to customer accidents, understanding the unique risks in the hospitality industry is crucial. These risks can lead to significant financial burdens if not properly managed. - read more
The Role of Staff Training in Reducing Liability Risks in Your Restaurant
The Role of Staff Training in Reducing Liability Risks in Your Restaurant
Running a restaurant involves navigating a myriad of potential liabilities. From food safety issues to customer injuries on premises, the risks are numerous. In recent years, liability concerns have become even more pressing in the restaurant industry, as businesses face strict regulations and the potential for costly litigation. - read more
Finding the Right Insurance Partner: A Guide for Australian Restaurants
Finding the Right Insurance Partner: A Guide for Australian Restaurants
Running a restaurant in Australia comes with its own set of unique challenges and risks. From busy kitchens to bustling dining areas, every corner of your establishment holds potential liability issues. Understanding these risks and how they can affect your business is crucial for safeguarding your investment. - read more
How to Choose the Right Insurance Coverage for Your Restaurant Business
How to Choose the Right Insurance Coverage for Your Restaurant Business
Running a restaurant in Australia is both exciting and challenging. From crafting delightful dishes to ensuring an excellent dining experience, restaurant owners juggle multiple responsibilities daily. Amidst all these, securing adequate insurance coverage often takes a backseat, though it's crucial for the health of the business. - read more


Your free restaurant 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
Beneficiary:
The person or entity designated to receive the death benefit from a life insurance policy.