A member asked about 9 years ago

Automatic Insurance Renewal

Hi,

Just wondering whether it's legal for an insurance company to renew a policy without prior approval from the customer?

Thanks!

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Insurance policies that automatically renew are common. Automatic renewals are designed to ensure that the insured party does not find themselves without insurance. However, a renewal may occur without the insured party realising and without notice from the insurer.


The law does not require an insurer to notify an insured party that their insurance policy is about to expire or that it will be automatically renewed. Some insurers will notify you ahead of the renewal date, but other insurers may only provide information about the automatic renewal process in the product disclosure statement (PDS) that you received when you purchased the original insurance coverage.

Whether your insurance policy automatically renews will depend on the terms of the original insurance policy you purchased. You can ask your insurer for a copy of these terms, which are usually contained in the PDS. If the “fine print” says that the policy will automatically renew, then the insurer can lawfully renew the policy without first giving you notice.


If the original insurance policy does not say anything about an automatic renewal, then the insurer is not allowed to renew the policy without your consent. This is because you have not agreed to a period of insurance that extends beyond the original coverage period.

If your policy has already been automatically renewed, you should contact your insurer to ask if they have a cooling off period. Each insurer will have a different approach to cooling off periods under automatically renewed policies. Another option is to ask your insurer to cancel your renewed policy. You may be entitled to a pro rata refund, depending on the practice of your insurer.


Suggested way forward

You should contact your insurer to ask for a copy of the terms or PDS for the original insurance policy and clarify whether those terms contain an automatic renewal clause. If you want to cancel your coverage, contact your insurer and tell them this as soon as possible. If you want to lodge a formal complaint about the conduct of your insurer, you can contact the Financial Ombudsman Service (www.fos.org.au).

Alternatively, and especially if your insurance contract is for a significant amount of money (e.g. general insurance for your business), you may want to speak to a lawyer who can assess your situation and advise you of your legal rights. By pressing the “Take Action” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 9 years ago   Legal disclaimer

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