GPO Box 770, Darwin NT 0801
If you are unable to locate a claim form related to your policy please contact one of our consultants.
We strive to do things the right way and keep our customers happy. In the event you are dissatisfied with our product or services, we aim to resolve any issues as quickly as possible.
COVID-19 led to many challenges for our business customers. If you believe your circumstances entitle you to claim under your Business Interruption (BI) cover then you should consider lodging a claim. You can also find out more information about our claims process or speak to your broker.
Determination of BI claims and resolutions are currently taking longer than expected. Since mid-2021, the Insurance Council of Australia (ICA) has been conducting a series of court ‘test cases’ to clarify the circumstances that would trigger a claim to be paid under BI cover due to COVID-19. For some of our customers, this has meant there has been a delay in reviewing and determining claims. We understand that this may cause concern, so we will try to keep you informed of the ongoing situation.
The first BI test case took place in June 2021. The NSW Court of Appeal found insurers couldn’t rely on pandemic exclusions contained in BI coverage that reference the repealed Quarantine Act 1908 (Cth).
The second BI test case sought to obtain clarity on a number of policy issues such as:
On 21 February 2022, the Full Court of the Federal Court substantially upheld the conclusions reached by the Federal Court in the second BI test case. Unless this finding is overturned in the High Court (see next steps below), this means that in the factual circumstances set out in test cases, the relevant insuring clauses will not be triggered. This means there may be no cover under the policy for these types of claims.
On 21 March 2022, three special leave applications to appeal the Full Court’s decision to the High Court were filed. The ICA does not anticipate that any decision on the special leave applications will be made for approximately three months from the date the applications were made. If the High Court decides it will hear the appeals, it may be another 12-months before a final decision is made.
We appreciate your patience while these matters are resolved. Clear guidance and agreement by the courts is essential in determining how we will interpret and apply the relevant policy wordings to business interruption claims.
We’re committed to supporting our customers through the claims process, and assessing claims in an efficient manner once the final judgement is received.
Lodging a business interruption claim
You can review the below FAQ for a list of things to consider when completing a claim. Customers can also call our claims line on 131 846.
Each claim will be reviewed subject to your BI insurance cover. There must be a loss that is covered by the policy before a claim can be paid.
If the claim gives rise to one of the issues that has been appealed to the High Court in the second BI test case, we may be unable to finalise the claim until the final judgment is received. When this occurs, we’re committed to supporting our customers through the claims process, and assessing claims in an efficient manner.
If the loss doesn’t fall within the scope of cover then the claim will not be paid.
For up to date announcements and information regarding BI test cases, visit the Insurance Council of Australia website.
Where you have purchased business interruption cover and you believe you have suffered a loss as defined by your policy, you should consider lodging a claim.
Before a claim can be paid, the claim will be reviewed subject to the following:
Where the loss doesn’t fall within the scope of cover, the claim will not be paid.
|Questions to consider||Answer|
Have the insured premises had a confirmed case at the premises, interfering, interrupting or requiring them to close?
Have the insured premises been closed because of a known COVID-19 case within the vicinity limit (as detailed in the PDS e.g. 20km) of the premises?
Has there been a confirmed COVID-19 outbreak in the vicinity of your business resulting in your businesses closure?
|Please provide evidence. This can include:
If the confirmed COVID-19 case was not at your premises, you will need to be able to identify where the COVID-19 case was in relation to your business.
Was your business mandated by a competent public authority to close or partially close? For example, did the state or local government order your business to close?
Examples of some of the types of businesses that were mandated for closure or partial closure include pubs, licensed clubs, gyms, indoor sporting venues and beauticians.
Have there been any changes to your business operations in the last 12 months? If yes, what were these changes?
– Did you change your trading hours?
|Please provide your previous 12 months sales data prior to the date of loss, and sales data during the loss period.|
|What is the operating rhythm of your business?||
Financial information to prepare includes:
|When will my claim be paid?||
We will respond to affected customers who have lodged business interruption claims on a case-by case basis. However, we may not be able to finalise the vast majority of claims until the outcome of any further application for leave to appeal to the High Court in the second test case is known.
TIO is based in Darwin and our strength lies in our solid understanding of the conditions faced within the Territory year after year.