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Financial Rights Legal Centre solicitors have long noted that a significant proportion of their work on the Insurance Law Service was devoted to providing advice to policyholders who found themselves subject to insurance investigations. It is accepted that insurers are entitled to investigate to ensure claims are genuine; however, there seems to be a lack of rules and consumer protections for consumers being investigated. There are no specific standards for the conduct of claims investigations in the General Insurance Code of Practice. There are no guidelines for the use of interpreters or independent support people, no right to have the interview held in a neutral location, no reminder or suggestion to seek legal advice and no interview time limits.
This Report Guilty until proven innocent takes a close look at investigations in general insurance – the investigation process, the lived experience of consumers subject to investigations and the matrix of consumer protections in place. It draws on a number of resources, including case studies of our clients, a survey of our callers, interviews with insurers and investigators, an analysis of Financial Ombudsman determinations and a range of information from academic research to government reports.
Amongst our it’s many findings our research found that:
The private investigator sector is like the ‘wild west’ – licensing is a mess with vast differences across the states and few, if any consumer protections.
This Report puts forward 14 recommendations including that the industry establish a set of best practice standards for insurance investigations to be included in the General Insurance Code of Practice.
Financial Rights acknowledges Aboriginal and Torres Strait Islander peoples as the traditional owners and celebrate the diversity of Aboriginal peoples and their ongoing cultures and connections to all lands and waters. Financial Rights acknowledges the Gadigal people of the Eora Nation as the traditional owners and custodians of the land on which our main office is located. We pay our respects to Elders past and present and future traditional custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Aboriginal and Torres Strait Islander peoples should be aware this website may contain images or names of people who have passed away.