Financial hardship

The Insurance Code deals with three situations of policyholder hardship:

  1. policyholder is in urgent financial need;

  2. policyholder owes an insurer; and

  3. policyholder is vulnerable.

  • Where a policyholder has made a claim, is in ‘urgent financial need’, and can demonstrate the urgency of their situation, an insurer will fast-track the assessment and payment of the claim or make an advance payment or both (Insurance Code pt 8).

  • Where a policyholder or other party is indebted to an insurer (but not in respect of the premium) – for example, a policyholder who is having difficulty paying an excess, or a third party from whom an insurer is seeking to recover money is suffering financial hardship – an insurer will consider providing assistance by modifying the terms of payment, or waiving or discharging the debt (Insurance Code pt 10).

  • Insurers are committed to taking extra care of vulnerable policyholders. Part 9 of the Insurance Code sets out a range of factors that may give rise to vulnerability, including age, disability, language, family violence, and remote location.

Financial hardship

Chapter: 10.4: Insurance

Contributor: Mark J. Attard, Partner, Kennedys Law

Current as of: 1 September 2024

Law Handbook Page: 865

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