NIBA Member Update: AFCA changes to non-disclosure and misrepresentation

AFCA has released an update setting out its approach on how it handles complaints from consumers when an insurer denies a claim on the basis of breach of duty of disclosure or making of a misrepresentation. This updates a previous AFCA document but does not reflect any significant change in approach. It adds a summary of the factors AFCA will consider in determining disputes in these scenarios and other relevant factors to ensure its decision is fair as well as more recent AFCA determinations.

NIBA’s legal Adviser, Mark Radford, has prepared an update for members outlining these factors and useful case studies of previous AFCA determinations.