Cafe Insurance Online :: News
SHARE

Share this news item!

AFCA Upholds Restaurant's Arson Claim Amid Disclosure Dispute

Understanding the Implications of Non-Disclosure in Insurance Claims

AFCA Upholds Restaurant's Arson Claim Amid Disclosure Dispute?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.

In a significant ruling, the Australian Financial Complaints Authority (AFCA) has directed QBE Insurance to honour an arson claim from a restaurant, despite the director's failure to disclose his criminal history during the policy's inception.
This decision underscores the complexities surrounding disclosure obligations and the importance of clear communication between insurers and policyholders.

The case involved a restaurant and takeaway business that suffered extensive damage due to an arson attack on August 2, 2024. The insurer, QBE, declined the claim, citing the director's non-disclosure of prior criminal convictions. The director contended that the omission was unintentional and offered to pay any additional premiums that might have been applicable had his history been disclosed.

AFCA's investigation revealed that QBE could not provide concrete evidence of the specific questions asked during the policy's inception, as the process was conducted through an electronic platform managed by a broker. Without clear documentation of the disclosure requirements, AFCA determined that the insurer had not sufficiently established a failure in the duty of disclosure by the insured.

This ruling highlights several critical points for restaurant and café owners regarding insurance policies:

  • Clarity in Disclosure Requirements: Insurers must ensure that their disclosure questions are explicit and that records of these interactions are meticulously maintained.
  • Policyholder Vigilance: Business owners should proactively disclose any information that might be deemed material to the insurer, even if not explicitly requested, to avoid potential disputes.
  • Broker Communication: When policies are arranged through brokers, it's essential for all parties to have a clear understanding of the disclosure obligations and to document all communications thoroughly.

For restaurant owners, this case serves as a reminder of the importance of transparency and the need to understand the intricacies of their insurance policies. Ensuring that all relevant information is disclosed can prevent complications during the claims process and safeguard the business against unforeseen events.

Published:Wednesday, 7th Jan 2026
Source: Paige Estritori

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

Share this news item:

Insurance News

Heightened Road Risks During Holiday Season Due to Increased Freight Traffic
Heightened Road Risks During Holiday Season Due to Increased Freight Traffic
25 Jan 2026: Paige Estritori
As Australia enters the summer holiday season, insurers and transport specialists are raising alarms about heightened road risks resulting from the convergence of increased freight activity and holiday travel. This period sees a significant uptick in both passenger vehicles and heavy trucks on the roads, amplifying the potential for accidents and safety incidents. - read more
Celebrating Excellence: 2025 National Trucking Industry Award Winners
Celebrating Excellence: 2025 National Trucking Industry Award Winners
25 Jan 2026: Paige Estritori
The Australian Trucking Association (ATA) has proudly announced the recipients of the 2025 National Trucking Industry Awards, recognizing outstanding contributions and achievements within the sector. These awards highlight the dedication and excellence of individuals and organizations that drive the industry forward. - read more
Premiums Decline in Australian Construction Insurance Market
Premiums Decline in Australian Construction Insurance Market
25 Jan 2026: Paige Estritori
Australia's construction insurance market has entered a softer phase in 2025, with premiums decreasing across various lines due to heightened competition among insurers. According to Marsh's Construction Insurance Market Update 2025, premium reductions averaged between 5% and 15% in the first half of the year. - read more
Labour Shortages and Supply Chain Issues Elevate Insurance Claims Costs
Labour Shortages and Supply Chain Issues Elevate Insurance Claims Costs
25 Jan 2026: Paige Estritori
In 2025, Australia's insurance industry is grappling with rising claims costs, particularly within the construction sector, due to labour shortages and supply chain disruptions. Crawford & Company's latest Claims Inflation Update highlights that construction expenses are increasing at a rate faster than general consumer prices, with the Building Cost Index (BCI) rising nearly 5% annually. - read more
Envest Group Unveils TLI Underwriting: A New Era for Heavy Motor Fleet Insurance
Envest Group Unveils TLI Underwriting: A New Era for Heavy Motor Fleet Insurance
24 Jan 2026: Paige Estritori
Envest Group, a prominent player in Australia's insurance sector, has announced the launch of TLI Underwriting, a new agency dedicated to providing specialised insurance solutions for heavy motor fleet operators. This strategic move aims to address the unique challenges faced by larger transport businesses in Australia. - read more


Cafe Insurance Articles

How to Choose the Right Insurance for Your Coffee Shop
How to Choose the Right Insurance for Your Coffee Shop
Running a coffee shop involves more than simply brewing the perfect cup of coffee. It requires a sound understanding of the business's risks and a strategic approach to managing them. Choosing the right insurance coverage is crucial for safeguarding your investment. - read more
Accidents Happen: How Public Liability Insurance Safeguards Your Cafe
Accidents Happen: How Public Liability Insurance Safeguards Your Cafe
Running a cafe can be incredibly rewarding, but it comes with its own set of challenges. One of these challenges is managing the various risks that can arise, especially when dealing with the public daily. This is where public liability insurance becomes an essential part of your business toolkit. It's designed to protect your cafe from the financial fallout of accidents that can occur on your premises, which is crucial for safeguarding your business’s financial health. - read more
How to Create a Financial Risk Management Plan for Your Cafe
How to Create a Financial Risk Management Plan for Your Cafe
Owning a cafe is a rewarding venture, but it comes with its own set of financial challenges. To maintain financial stability, it's crucial to understand the unique risks associated with the cafe industry. This involves not only staying informed about economic trends but also anticipating potential disruptions. Recognizing these factors is the first step towards creating a solid risk management plan for your cafe. - read more
Understanding Business Interruption Insurance for Cafes
Understanding Business Interruption Insurance for Cafes
Business interruption insurance is a specialized type of coverage designed to protect businesses from financial losses due to unavoidable disruptions. Whether it's a natural disaster, a burst pipe, or a local emergency, this insurance helps ensure that the business can continue to meet its financial obligations during downtime. - read more
Understanding Cafe Insurance: What Every Owner Needs to Know
Understanding Cafe Insurance: What Every Owner Needs to Know
Running a cafe can be a dream come true, but it's not without its challenges. One of the most critical aspects of managing a cafe is ensuring that it's adequately insured. Cafe owners in Australia face various risks, from equipment breakdowns to customer accidents. Without proper insurance coverage, these incidents can translate into significant financial losses. Insurance acts as a safety net, offering protection against unforeseen events and ensuring the business can recover swiftly. - read more


Your free cafe 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
Insurance Deductible:
the amount that an insured is required to contribute toward an insurance claim as stipulated in an insurance policy. Otherwise known as the "policy excess".