Consolidated group proceeding brought on behalf of persons who purchased “add-on” insurance policies from Allianz Australia Insurance (Allianz) or Allianz Australia Insurance Life (Allianz Life), at around the same time they purchased a car or motorcycle from a motor vehicle dealership, between 1 June 2006 and 27 September 2021 (inclusive).
The claim alleges that by failing to provide potential customers with certain information concerning the “add-on” insurance policies, and in some instances by making representations that purchasing an “add-on” insurance policy was necessary to secure a vehicle, Allianz and Allianz Life engaged in conduct that was misleading or deceptive, that was unconscionable, or by which Allianz and Allianz Life were unjustly enriched. The claim alleges that the group members are either entitled to compensation for losses they have incurred as a result of purchasing the “add-on” insurance policies, or repayment of any premiums paid on those policies.
On 15 September 2021, the Court ordered that this group proceeding be consolidated with a similar class action against Allianz (Jordan Wilkinson v Allianz Australia Insurance Limited S ECI 2020 04230). As a result, there are two representative plaintiffs: Ms Tracy-Ann Fuller and Mr Wilkinson (Plaintiffs) in the new single group proceeding.
The deadline for opting out has now passed.
Orders made by the Honourable Justice Nichols on 17 February 2023 and 14 April 2023 permitted the late opt out of certain group members.
Please note that the Annexures to the orders have not been published to protect the private information of group members.
The persons named in these orders are permitted to opt out of the proceeding because, as at the date of these orders, they each submitted an application or notice to the Court directly or through a lawyer appointed to act for them that: (i) was in writing; (ii) was personally signed by the group member; (iii) set out adequate reasons why the group member did not file an opt out notice by the deadline and why the group member says that the Court should make an order permitting the group member to opt out.
Please note the deadline for opting out has now passed.
If you are a group member who purchased certain Extended Motor Warranty products sold with policy documents, as opposed to product disclosure statements (NPDS Extended Warranty group members), the deadline for opting out of this proceeding is 4:00pm on Friday 17 March 2023 (Melbourne time). If you fall within that category and do not opt out by the deadline, you will remain a group member in this proceeding (unless you have already opted out).
This NPDS Extended Warranty opt out process does not apply to group members who are not NPDS Extended Warranty group members. For those group members, the opt out period has already closed.
The Notice contains important information about your rights to opt out of the proceeding. If you are, or think that you may be, an NPDS Extended Warranty group member, you should read the documents below carefully.
Group Costs Order made by the Honourable Justice Nichols on 13 December 2022
Amended Reply filed on 14 October 2022
Amended Defence filed on 30 September 2022
Funding Information Summary Statement filed on 21 December 2022
Group Proceeding Summary Statement filed on 21 December 2022
Amended Consolidated Writ and Statement of Claim filed on 23 September 2022
Ruling of the Honourable Justice Nichols dated 15 September 2021 consolidating Fuller v Allianz Australia Insurance Limited (S ECI 2020 02853) and Wilkinson v Allianz Australia Insurance Limited (S ECI 2020 04230)