Cause to Complain? Consumer Experiences of Internal and External Dispute Resolution in the Context of General Insurance

Australasian Dispute Resolution Journal, Vol. 30, No. 4, 2020, pp. 302-316

U of Melbourne Legal Studies Research Paper No. 924

19 Pages Posted: 20 Nov 2020 Last revised: 21 Dec 2020

See all articles by Evgenia Bourova

Evgenia Bourova

University of Melbourne - Law School

Ian Ramsay

Melbourne Law School - University of Melbourne

Paul Ali

University of Melbourne - Law School

Date Written: September 21, 2020

Abstract

The provision of ‘fair, timely and effective’ mechanisms for the resolution of consumer complaints is ‘a central part’ of the regulatory framework for financial services including general insurance in Australia. Insurers are required to have in place internal dispute resolution (‘IDR’) processes through which policyholders can complain if their insurance claim is subject to delays, or if they are unhappy with its outcome. Insurers must also be members of the recently established Australian Financial Complaints Authority, to which policyholders may escalate complaints that are not resolved through IDR. This article draws upon the findings of a survey of building, home contents and comprehensive car insurance policyholders to shed light on the experiences of consumers who make or escalate complaints in relation to their claims; issues with compliance with the regulatory frameworks governing complaints; and the barriers that can deter consumers from making use of these complaints mechanisms.

Keywords: insurance; dispute resolution

Suggested Citation

Bourova, Evgenia and Ramsay, Ian and Ali, Paul, Cause to Complain? Consumer Experiences of Internal and External Dispute Resolution in the Context of General Insurance (September 21, 2020). Australasian Dispute Resolution Journal, Vol. 30, No. 4, 2020, pp. 302-316 , U of Melbourne Legal Studies Research Paper No. 924, Available at SSRN: https://ssrn.com/abstract=3730471

Evgenia Bourova

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Ian Ramsay (Contact Author)

Melbourne Law School - University of Melbourne ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61 3 8344 5332 (Phone)

HOME PAGE: http://law.unimelb.edu.au/about/staff/ian-ramsay

Paul Ali

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61 3 8344 1088 (Phone)
+61 3 8344 5285 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au

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