In 2001, Ms Bee purchased a unit and insurance was arranged through both a body corporate policy and individual policy. In 2015, Ms Bee realised that her unit was insured twice and notified the insurer. She said that the insurer was aware of the body corporate policy and should not have arranged a second policy. The insurer confirmed that an accidental duplication of insurance had occurred and that it would reimburse 6 years of premiums, in accordance with its protocols. Ms Bee said she should be reimbursed for all premiums paid from 2001.
The IFSO Scheme confirmed that the Limitation Act 2010 applied to Ms Bee’s situation and that the insurer could limit the premium refund to 6 years. The extension in the Limitation Act did not apply, because Ms Bee received confirmation each year that her unit was insured through the body corporate and she should have been reasonably aware within 6 years that she was insured twice.