9.1 Background

Youi Pty Ltd (Youi) issues general insurance products. The case study examined Youi’s conduct in handling claims under home insurance policies following natural disasters. In particular, the Commission heard evidence about Youi’s conduct in its handling of two insurance claims:

  • a claim made by Ms Sacha Murphy, a Youi policyholder whose home was damaged in a hail storm in Broken Hill in November 2016; and
  • a claim made by Mr Glenn Sutton, a Youi policyholder whose home was damaged in Tropical Cyclone Debbie in March 2017.

Both Ms Murphy and Mr Sutton gave evidence about their experiences with Youi. In relation to both claims, the Commission heard evidence from Mr Jason Storey, the Chief Operating Officer, Claims Services at Youi.

At the outset, it should be noted that counsel appearing for Youi did not seek to cross-examine either Ms Murphy or Mr Sutton. While counsel appearing for Youi did re-examine Mr Storey, that re-examination was limited to correcting certain errors in the arrangement of the exhibits to Mr Storey’s statements, and tendering certain documents relevant to the handling by Youi of a complaint made by Ms Murphy.

That being so, it is surprising that Youi chose to criticise Counsel Assisting for failing tocontextualiseparticular matters,[1] for[f]ail[ing] to draw the Commission’s attentionto particular matters.[2] Youi had ample opportunity to contextualise or draw the Commission’s attention to whatever matters it chose. It did not take that opportunity. Its criticisms were, therefore, not soundly based.

[1] Youi, Module 6 Case Study Submission, 2 [10].

[2] Youi, Module 6 Case Study Submission, 12 [44].