Burden of proof crushes $260k theft claim
A home contents policyholder who reported the theft of $260,000 of items including jewellery and gold bullion while he was overseas will not receive a payout after failing to prove ownership.
The claimant held optional cover for valuable items, including $90,000 for jewellery and watches, and $40,000 for collections that included the bullion.
He said the jewellery allegedly taken in a November 2023 break-in was worth about $160,000. He provided photos of the jewellery being worn and pictures of dated invoices for several items.
But Insurance Manufacturers of Australia said the images appeared to be photographs of photographs. The same image of the bullion was found on a social media platform.
The insurer was unable to validate the images’ metadata because the claimant refused to allow access to the original photos.
It said the policyholder gave inconsistent explanations of how he acquired the items, and that even if the theft occurred, the loss would have been excluded because the home was left vacant for more than 60 days and was not maintained in a “lived-in state”.
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The man said the items were either gifts, purchased for cash or bought overseas. He said the image of the bullion was supplied by his brother, who lived abroad and did not want to be involved in the matter.
The claimant said he arranged for someone to visit his home several times while he was overseas, to carry out maintenance tasks such as watering plants, mowing the lawn and checking his mail.
The Australian Financial Complaints Authority accepts the man had “ample opportunity” to provide original images of the stolen items, amid “legitimate concerns” about his ownership.
Even if he could prove ownership, the exclusion applied because his friend visited only about 10 times across 136 days that the home was unoccupied.
See the ruling here.