OUTsurance hit back, saying its advert was accurate. The insurer added that the disclaimer reminded consumers that insurance premiums are “likely to differ from person to person due to differences in each individual’s specific personal risk profile and circumstances”.
OUTsurance provided ARB with the person's insurance premium history.
ARB dismissed Van Zyl’s complaint, saying it was clear from the advert that the premium was a “specific situation”.
“The hypothetical reasonable viewer would understand that the disclaimers contained in the advertisement communicate that insurance premiums are likely to differ from person to person due to differences in each individual’s specific personal risk profile and circumstances,” the ARB said.
It added that Van Zyl being unable to get similar quotes “does not make the commercial misleading”.
“It may be that the complainant (Van Zyl) is already getting a very competitive rate at another insurer, or that the complainant has a very different risk profile.”