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Can an insurance company refuse to provide me with insurance cover because I have a criminal record?

Yes. Insurance companies generally regard someone who has a criminal record as a higher risk for insurance purposes.

The person who is seeking insurance has a duty to disclose relevant information and answer questions truthfully. A criminal record is relevant information. If a person fails to disclose, or gives false or misleading information, the insurance company may refuse to insure that person and/or refuse to pay out on a claim. There may also be the risk of fraud issues arising if the insurance company believes that false or misleading information was deliberately given.

Insurance cover will be particularly important for people who have secured debts, such as a home or car loan. Those loan contracts almost always have a clause which states that the borrower must keep the secured property insured. Failure to do so would put the borrower in breach of the contract. The lender may attempt to repossess the property if it is not insured.

Possible Options

Depending on the nature and number of the offence/s, and your particular circumstances, it may be possible to still get insurance even if a higher premium has to be paid OR there is a higher "excess" to be paid in the event of a claim being made.

It is important to make sure that any proposals (applications) made to insurance companies address the issue competently in the first instance. If an insurance company refuses you cover, that fact in its self will create another black mark on your insurance record. You will be asked to disclose any refusals to insure or payout on a claim on proposals to other insurance companies.

You may need to try and convince the insurance company that you are a reasonable risk for them to take on board.

Prepare your argument as to why the insurance company should consider you to be a reasonable risk, eg:

It was a minor offence (if it was)
You are unlikely to offend again
Show how your circumstances have changed
Indicate that your offence may not be relevant to the insurance needed
You have a basically sound financial/insurance history (if you have one).

Everyone’s offences, past history and circumstances will be different. It is a matter of putting the events and your circumstances in the best possible light. Remember that false or misleading information or failure to disclose relevant information may result in the insurance company seeking to avoid the contract.

Ask to speak to a supervisor or manager. The first person you talk to may not have the power to make more complex decisions.
Keep cool and reasonable while you are negotiating. You are more likely to be successful with reasoning and courtesy than banging the table.
You could try using an insurance broker to act on your behalf.

Insurance brokers are not aligned with any particular insurance company.

An insurance broker usually acts as an agent for the person seeking insurance. The insurance broker’s task is to try and find appropriate insurance cover at a competitive price for their client.

An insurance broker may:

Have expert knowledge about which insurers might take you on as a risk
Know how to put your circumstances in the best possible light
Be able to develop further options for you

Useful contacts on insurance matters:

Insurance Enquiries and Complaints Ltd:

For general insurance matters including home & contents, travel, sickness & accident, consumer credit, cars, personal property etc. A free service for consumers aimed at providing information and resolving disputes between insurance companies and their customers (or potential customers).

Phone: 1300 363 683

PO Box 561
Collins Street West
MELBOURNE VIC 8007

Life Insurance Complaints Services
Phone: 1800 225 405

A free service for consumers aimed at providing information and resolving disputes between life insurance and superannuation companies and their customers (or potential customers).

PO Box 579
Collins Street West
MELBOURNE VIC 8007

Insurance Brokers Association of Australia

Phone: 1800 252 558

111 Pacific Highway
NORTH SYDNEY NSW 2060

Insurance Brokers Dispute Facility

Phone: 1800 333 172
60 Jolimont Street
JOLIMONT VIC 3002

Insurance companies and Insurance Brokers are listed in the Yellow Pages of the telephone directory

WARNING! This information is intended ONLY to provide general information. You may need to seek further information and advice about your situation.

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