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
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

ICA Advocates for Reforms to Alleviate Rising Small Business Insurance Costs
ICA Advocates for Reforms to Alleviate Rising Small Business Insurance Costs
23 May 2026: Paige Estritori
The Insurance Council of Australia (ICA) has raised concerns over the escalating insurance premiums faced by small businesses, attributing the increases to outdated liability laws, rising legal costs, and regulatory burdens. In a submission to the Parliamentary Joint Committee's inquiry into small business insurance, the ICA outlined a series of proposed reforms aimed at mitigating these cost pressures. - read more
Perth Hospitality Sector Reviews Insurance Strategies in Response to Rising Costs
Perth Hospitality Sector Reviews Insurance Strategies in Response to Rising Costs
23 May 2026: Paige Estritori
Hospitality businesses in Perth are increasingly reviewing their insurance policies to manage rising operational costs and ensure comprehensive coverage. Factors such as escalating wages, tighter profit margins, and complex compliance requirements have prompted venues like bars, restaurants, cafés, and nightclubs to scrutinize their insurance arrangements more closely. - read more
Ocean Underwriting's New Complex Liability Insurance for High-Risk Occupations
Ocean Underwriting's New Complex Liability Insurance for High-Risk Occupations
15 May 2026: Paige Estritori
Ocean Underwriting has recently unveiled a specialised liability insurance product designed to cater to complex or hard-to-place risks associated with high-hazard occupations. This initiative aims to provide tailored solutions for businesses facing unique exposures that standard insurance policies may not adequately cover. - read more
Steadfast Group's Strategic Acquisition in Food Industry Insurance
Steadfast Group's Strategic Acquisition in Food Industry Insurance
15 May 2026: Paige Estritori
In March 2026, Steadfast Group, a prominent insurance brokerage network, announced its acquisition of a controlling interest in Victual Risk & Insurance and its sister company, @ Risk Underwriting. This strategic move aims to bolster Steadfast's capabilities in providing specialised insurance solutions tailored for the food and beverage industry. - read more
Sompo International's Strategic Expansion in the Australian Insurance Market
Sompo International's Strategic Expansion in the Australian Insurance Market
15 May 2026: Paige Estritori
In April 2026, Sompo International, a subsidiary of Japan's Sompo Holdings, announced a significant expansion of its Australian operations by recruiting a team of specialists from Everest Group's local arm. This strategic move aims to enhance Sompo's presence in the Australian insurance market, particularly in specialty products. - read more


Restaurant Insurance Articles

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
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
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
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

Knowledgebase
Claim:
A formal request made by the policyholder to the insurance company for payment of a loss covered by the insurance policy.