A photographer whose camera bag was stolen when she hid it in bushes will receive a payout after the financial services ombudsman rejected her insurer’s exclusions.  

The woman said she stashed the bag while taking a photo but upon returning to the area, it was missing.

Police later identified the thief from CCTV footage and arrested him.  

The woman said the bag and equipment inside were worth $24,547, but insurer Lloyd’s Australia said its policy would not respond given the circumstances of the theft.

It said it did not cover thefts “without visible forcible or violent entry”; when the claimant did not take “reasonable measures” to prevent loss; when an item was left unattended.

However, the Australian Financial Complaints Authority says the exclusions do not apply. 

It notes the exclusion of thefts without forcible entry applies only to those at locations where items are typically or temporarily stored.

It says the photographer took reasonable steps by hiding the bag and rejects the insurer’s assertion the loss was caused by a “wilful act” on her part.  

“That [hiding the bag] proved unsuccessful does not mean the complainant failed to take reasonable measures. She did not ‘court the risk’. She took (ultimately unsuccessful) measures to minimise it. That is sufficient to meet the requirements of the subjective test.”  

AFCA accepts the bag was “briefly left unattended and without any apparent security”, but says the insurer did not reference “specific policy clauses” to justify denying the claim on that basis.

“The complainant’s bag of insured items was stolen from a public place in circumstances which the policy covers. It would not be fair in this instance to permit the insurer to deny the claim.”  

See the ruling here.