icon-facebook icon-instagram icon-pinterest icon-soundcloud icon-twitter icon-youtube

Fuller, Tracy-Ann v Allianz Australia Insurance Ltd (S ECI 2020 02853)

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 7 July 2020.

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.

Wilkinson, Jordan v Allianz Australia Insurance Ltd (S ECI 2020 04230)

Group proceeding brought on behalf of persons who purchased “add-on” insurance policies from Allianz, at around the same time they purchased a car or motorcycle from a motor vehicle dealership, between 1 June 2006 and 11 November 2020.

The claim alleges that Allianz, by reason of the structure of its sales system or the conduct of its authorised representatives at motor vehicle dealerships, gave “personal advice” to consumers for the purposes of the Corporations Act, but breached various obligations with respect to the giving of that advice imposed by the Corporations Act.

Further it is alleged that various representations made by dealers to customers were misleading or deceptive, causing them to purchase add-on insurance products they would not have otherwise purchased. Further and alternatively it is alleged that the system by which “add-on” insurance was sold constituted unconscionable conduct for the purposes of the ASIC Act as it exposed customers to avoidable costs , in the absence of “candid disclosure” from the insurer, or that any moneys paid by customers pursuant to “add-on” insurance policies caused Allianz to be unjustly enriched.

Summons regarding Multiplicity Application filed on 18 May 2021 in Wilkinson, Jordan v Allianz Australia Insurance Ltd (S ECI 2020 04230).

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication

Statement of Claim filed on 11 November 2020 in Wilkinson, Jordan v Allianz Australia Insurance Ltd (S ECI 2020 04230).

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication

Class action summary statement uploaded on 25 May 2021 in Wilkinson, Jordan v Allianz Australia Insurance Ltd (S ECI 2020 04230).

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication

Funding information summary statement uploaded on 25 May 2021 in Wilkinson, Jordan v Allianz Australia Insurance Ltd (S ECI 2020 04230).

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication

Defence filed on 9 October 2020 in Fuller, Tracy-Ann v Allianz Australia Insurance Ltd (S ECI 2020 02853).

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication

Amended statement of claim filed on 14 September 2020 in Fuller, Tracy-Ann v Allianz Australia Insurance Ltd (S ECI 2020 02853).

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication

Class action summary statement uploaded on 7 October 2020 in Fuller, Tracy-Ann v Allianz Australia Insurance Ltd (S ECI 2020 02853).

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication

Funding information summary statement uploaded on 7 October 2020 in Fuller, Tracy-Ann v Allianz Australia Insurance Ltd (S ECI 2020 02853).

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication