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AFCA snuffs out spontaneous combustion denial

A motor vehicle repairer and panel beating business has won a fire claim dispute after the insurer argued the event was not covered as it fell under a spontaneous combustion exclusion...

A motor vehicle repairer and panel beating business has won a fire claim dispute after the insurer argued the event was not covered as it fell under a spontaneous combustion exclusion. 

Employees discovered the spray booth fire on November 3 2023 at around 8am and say they observed it starting from the exhaust fan system ducting. A neighbour called the fire brigade and the blaze was extinguished about 20 minutes later. 

Suncorp declined the claim, citing a forensic fire expert that concluded the likely cause was spontaneous combustion due to poor cleaning and maintenance of the floor filter material. 

The forensic report says smoke and fire were seen coming from the floor of the booth after the exhaust fan was switched on. 

Old filter material, with a caked‑on crusty layer of overspray accumulation, had been removed from the booth floor and piled on site and there was no indication the fire was associated with the operation of the booth, it says. 

The forensic expert says the cleaning and inspection regime was obviously inadequate because there was a “2-3mm thick residue” on the filter. 

The business also used a clear enamel coating with hardener that produces an exothermic reaction when curing and could result in spontaneous combustion when impregnated within filter material. 

A spray booth servicing specialist, who had undertaken maintenance, said in a report for the complainant that the fire originated within the fan shaft. 

The most likely cause was mechanical friction and heat generation from belt movement and bearing interaction within the fan assembly, while overspray accumulation wouldn’t ordinarily cause spontaneous combustion under normal operating conditions, the report says. 

The Australian Financial Complaints Authority says there’s insufficient evidence about the filter residue and whether such a build-up was unusual, and on booth conditions meeting spontaneous combustion scenarios set out in a Dulux note. 

Evidence suggests the booth was serviced regularly, the complainant has operated the business for more than 30 years and has a long history of compliance, including annual fire safety certification, and the forensic expert’s conclusion is inconsistent with observations of those who discovered and extinguished the fire, it says. 

AFCA rejected a request for non-financial compensation, which ombudsman rules only allow for “a natural person” or businesses that primarily involve a single person. 

The decision is here.