ASIC puts insurers on notice for blind spots in complaints handling

Insurers are failing to identify one in six customer complaints, effectively denying those Australians critical protections available through the Internal Dispute Resolution (IDR) regime, an ASIC review has found.

ASIC’s review of the IDR practices of 11 general insurers highlighted shortcomings in several areas, including the failure to identify complaints and systemic issues, as well as inadequate communications to customers.

ASIC’s analysis of insurance complaints handling comes as the volume of general insurance complaints made to the Australian Financial Complaints Authority (AFCA) swelled by 50% in the 2022-23 financial year, and rose again in 2023-24.

ASIC Commissioner Alan Kirkland said, ‘Consumers have a right to expect that their complaints will be identified and handled in a fair, timely and effective manner. When things go wrong, the complaints process provides an opportunity to get them back on track.

‘When insurers fail to identify complaints, they risk prolonging the distress of customers, especially those dealing with extreme events like floods. This failure denies customers access to important protections, including the right to escalate a complaint to AFCA for independent review.’

ASIC’s review found insurers also failed to adequately identify systemic issues – issues that involve multiple customers. Insurers identified systemic issues at a much lower rate than AFCA, finding only 85 systemic issues from over 1.4 million complaints compared to 11 systemic issues identified by AFCA from only 16,000 external dispute resolution complaints. Further, nearly 50% of insurers failed to identify any systemic issues.

‘Proactively identifying and addressing systemic issues is critical to preventing other consumers from experiencing the same problems. It also reduces downstream remediation and business costs, benefiting both insurers and their customers,’ Commissioner Kirkland said.

ASIC also found that immature IDR systems and processes contributed to poor complaints handling and reporting. There was also significant variability in insurers’ communication practices.

Commissioner Kirkland said the issues highlighted in ASIC’s review were disappointing, particularly as insurers were told to improve their IDR practices following an ASIC review of claims handling in the aftermath of the 2022 Queensland and New South Wales floods.

‘It’s time for insurers to step up and do what they should have done three years ago when these obligations commenced. Insurers should prioritise building a positive complaints management culture that values and learns from customer complaints and prevents problems from recurring,’ concluded Commissioner Kirkland.

ASIC expects all insurers to act on the findings outlined in this report and take steps to uplift their approach to complaints handling. ASIC will ask the insurers in the review to prepare an action plan to explain how they will address these issues and better support their customers.

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