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On 11 November 2020, Maurice Blackburn filed a class action against Allianz Australia Insurance Limited (Allianz) on behalf of the lead plaintiff, Jordan Wilkinson, in the Supreme Court of Victoria. The Court has since consolidated this class action and a similar class action into one single proceeding, which is against Allianz and Allianz Life Insurance Limited (Allianz Life).

Maurice Blackburn and Johnson Winter & Slattery (JWS) are jointly conducting this consolidated proceeding, which we refer to as the Allianz Car Dealer Add-On Insurance Class Action below.

The claim relates to add-on insurance products issued by Allianz, or Allianz and Allianz Life, or offered by Allianz on behalf of OnePath, and sold through car dealers.

For information about the AAI Car Dealer Add-On Insurance Class Action (regarding MTAI, AAI or SLSL products), please click here.


Am I eligible to join the class action?

Please note that the eligibility criteria for registering your interest has changed. This is because the group member definition in the Allianz Car Dealer Add-On Insurance Class Action is different to the group member definition in the class action initially filed by Maurice Blackburn on behalf of Mr Wilkinson. You may now register your interest even if you did not purchase your vehicle using a loan arranged by the car dealer.

You are now eligible to register your interest in the Allianz Car Dealer Add-On Insurance Class Action if at any time between 1 June 2006 and 27 September 2021:

  1. you purchased a motor vehicle or motor cycle (vehicle) from a vehicle dealership;
  2. you purchased one or more of the following add-on insurance products issued by Allianz, or Allianz and Allianz Life, or offered by Allianz on behalf of OnePath Life Limited at or around the time you purchased the vehicle from the vehicle dealership:
    • Loan Protection Insurance (also referred to as “repayment insurance”, “consumer credit insurance” or “CCI”);
    • Motor Equity Insurance (also referred to as “guaranteed asset protection insurance”, “GAP insurance”, “shortfall insurance”, “purchase price insurance” or “value protect insurance”);
    • Extended Motor Warranty (also referred to as “mechanical insurance”, “motor vehicle warranty” or “extended warranty insurance”); or
    • Tyre and Rim Insurance;
  3. you became liable to pay or paid (directly or indirectly), a premium to either of Allianz, or Allianz and Allianz Life for the add-on insurance product(s).

You may need to check your documents from the purchase or financing of your vehicle to see if you paid for any of these products. Some add-on insurance products are ‘branded’ with a car or lender name. You should check that Allianz, Allianz Life and/or OnePath was the insurer on your documents.

About the Class Action

On 11 November 2020, Maurice Blackburn, on instructions from Mr Wilkinson, commenced a class action against Allianz in the Supreme Court of Victoria (case number: S ECI 2020 04230). 

JWS was also conducting a similar, but different, class action against Allianz and Allianz Life on behalf of the lead plaintiff, Tracy-Ann Fuller.

On 15 September 2021, the Court consolidated the two class actions into a single proceeding against Allianz and Allianz Life (case number: S ECI 2020 02853), with the effect that:

  • Ms Fuller and Mr Wilkinson are now the joint lead plaintiffs in the Allianz Car Dealer Add-On Insurance Class Action;
  • JWS and Maurice Blackburn are jointly named as solicitors on the record for the lead plaintiffs in the Allianz Car Dealer Add-On Insurance Class Action and will work together to jointly conduct the class action.


On 27 September 2021, we filed a Consolidated Statement of Claim on behalf of the Plaintiffs and group members. On 16 November 2021, Allianz and Allianz Life filed their Defence to the Consolidated Statement of Claim. On 7 December 2021, the Plaintiffs filed their Reply to the Defence.

Between 11 and 14 February 2022, we distributed a Court-approved notice to potential group members by email (if possible) and in newspaper advertisements, notifying of the commencement of the class action and of the right of group members to opt out of the proceeding before 4pm on 15 April 2022. The opt-out deadline has now passed. 

The Allianz Car Dealer Add-On Insurance Class Action alleges that Allianz by itself, or by dealers for whom Allianz was responsible:

  1. gave “personal advice” to consumers and breached various obligations in relation to the giving of that advice;
  2. engaged in misleading or deceptive conduct and made false or misleading representations; 
  3. engaged in unconscionable conduct; and
  4. wrongly induced consumers to buy the Add-On Insurance or Allianz knew or should have known that consumers who purchased Add-On Insurance did so under a mistaken belief.

Want to find out more?

Please see below some frequently asked questions.

If you would like further information regarding the Allianz Car Dealer Add-On Insurance Class Action, please contact us at addonclassaction@mauriceblackburn.com.au or on 1800 497 191, or register your interest now.

Please bear in mind that our phone lines and inbox may be quite busy with queries. We will endeavour to respond to your calls and emails as soon as we can and thank you for your patience and understanding.

Frequently Asked Questions

Add-on insurance products are general insurance policies that are added on to the sale of a vehicle. They are often paid for by the loan that is taken out to purchase the vehicle.

The more common types of motor vehicle insurance such as comprehensive, third party property, or compulsory third-party insurance are not part of the Allianz Car Dealer Add-On Insurance Class Action. 

The common types of add-on insurance sold through car dealers are:

  • Loan Protection Insurance (also referred to as “repayment insurance”, “consumer credit insurance” or “CCI”). This insures a borrower’s capacity to make repayments under a car loan, including insurance against sickness, injury, disability, death or unemployment;
  • Motor Equity Insurance (also referred to as “guaranteed asset protection insurance”, “GAP insurance”, “shortfall insurance”, “equity insurance”, “equity plus insurance”, “cash benefit insurance”, “purchase price insurance” or “value protect insurance”). This covers the difference between what a consumer owes on their car loan and any amount they may receive under their comprehensive insurance policy, if the car is a total loss;
  • Loan Termination Insurance. This covers the difference between what a consumer owes on their car loan and the market value of the car if they return it because they cannot make repayments due to illness or injury;
  • Extended Motor Warranty (also referred to as “mechanical insurance”, “motor vehicle warranty” “mechanical breakdown insurance”, “extended manufacturers warranty”, “extended vehicle warranty insurance”, or “extended warranty insurance”). This covers the cost of repairing or replacing parts of the car due to mechanical failure after the manufacturer’s or dealer’s warranty has expired; and
  • Tyre and Rim Insurance. This covers the cost of repairing or replacing damaged tyres and rims from blowouts, punctures or other road damage.
     

The Australian Securities and Investments Commission (ASIC) has undertaken extensive reviews into this industry. Its reviews suggested that add-on insurance sold through car dealers represents poor value for consumers. 

Where seven or more people have claims that arise out of similar circumstances, a class action can be brought by one claimant on their own behalf and as a representative of others.

The class action process saves time and expense by avoiding the need for the courts to determine common issues of fact or law more than once. Class actions are efficient, enabling disputes and claims involving large numbers of people to be resolved via a single case.

Registering your interest in the Allianz Car Dealer Add-On Insurance Class Action will not expose you to any out of pocket costs. All costs in the Allianz Car Dealer Add-On Insurance Class Action will be borne by Maurice Blackburn and JWS (or their litigation funder) unless and until there is a successful outcome. 

In the event of a successful outcome in the Allianz Car Dealer Add-On Insurance Class Action, any costs payable to Maurice Blackburn will be deducted from, and will not exceed, any compensation that you are entitled to receive. All such costs are required to be considered and approved by the Court.

Nothing.

As a member of the class (and not the representative, in whose name the case has been brought) in the Allianz Car Dealer Add-On Insurance Class Action, an adverse costs order may not be made directly against you in respect of the determination of the common issues in the class action. 

All costs in the Allianz Car Dealer Add-On Insurance Class Action will be borne by Maurice Blackburn and JWS (or their litigation funder) unless and until there is a successful outcome. 

Registering your interest in the Allianz Car Dealer Add-On Insurance Class Action is an expression of interest only. If you register your intersest, it means that we can provide you with key updates about the class action. It does not mean that you are a group member or that you will be entitled to compensation.

Registering your interest is not required.

For information about the AAI Car Dealer Add-On Insurance Class Action (regarding MTAI, AAI or SLSL products), please click here.

Otherwise, Maurice Blackburn is not considering any further class actions in relation to add-on insurance products sold through car dealers.

Maurice Blackburn was investigating potential class actions against a number of insurers regarding add-on insurance products sold through car dealers, however that investigation is now closed.

If you wish to pursue your own claim in relation to your add-on insurance product, you should be aware that strict time limits apply. The application of these limitation periods can be complex but in essence the rule is that if you do not make a claim in a court within six years of the date you paid for the insurance product you are barred from making a claim. While you may have a claim beyond the six-year period for causes of action in mistake or fraudulent concealment, we cannot give you any advice on these causes. If you are concerned that a time limit is soon to expire or may have already expired we recommend that you consider obtaining legal advice from another lawyer.

You can consider pursuing a refund through the Demand A Refund campaign. We cannot assist you in pursuing this option.

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