Category: Insurance
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Allianz Australia Insurance Ltd v Viksne
in InsuranceAllianz Australia Insurance Ltd v Viksne [2021] NSWCA 268 …. [32] In the matter of Lysaght Civil Products Pty Ltd [2021] NSWSC 1459 1. On 24 April 2020, the High Court allowed the appeal by Mr Moore: Moore v Scenic Tours Pty Ltd (2020) 268 CLR 326; [2020] HCA 17 (“the High Court’s judgment”). 2.…
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TPD – ETE (education training experience) clauses
in InsuranceSandstrom v FSS Trustee Corporation & Anor [2020] NSWSC 200 Applicable Legal Principles – Interpretation of the ETE Clause ETE clause policy wordings similar to those in the FSS Policy and the PBRI Policy have received extensive judicial consideration both at first instance and on appeal. From those cases statements of applicable principle can be…
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TPD – a primer
in InsuranceSandstrom v FSS Trustee Corporation & Anor [2020] NSWSC 200 Applicable Legal Principles – Duties and Procedures of Decision-Makers Slattery J The law defining the scope of the duties of decision-makers dealing with claims by members of superannuation funds for whom the trustee has obtained TPD insurance cover is well established. That law and the…
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Double insurance + other insurance clause
in InsuranceAllianz Australia Insurance Ltd v Certain Underwriters at Lloyd’s of London Subscribing to Policy Number B105809GCOM0430 [2019] NSWCA 271 3. The approach to the question raised in the present case was set out by Payne JA in Lambert Leasing Inc v QBE Insurance (Australia) Ltd (2016) 93 NSWLR 166; [2016] NSWCA 254 at [178], namely, that each policy…
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Declaration: width
XL Insurance Co SE v BNY Trust Company of Australia Limited [2019] NSWCA 215 114 Courts will usually not make a declaration as to the liability of an insurer to indemnify an insured in circumstances where the liability of the insured to a claimant has not yet been established by judgment: AMP Financial Planning Pty Ltd…
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TPD: delay and duty of good faith
in InsuranceSargeant v FSS Trustee Corporation [2018] NSWSC 1997 Delay in deciding claims 100 As already noted, the question is whether MetLife’s failure to make a decision on Ms Sargeant’s claim by 3 September 2015 or, alternatively, by 3 September 2016, was a breach of MetLife’s obligations to act reasonably and fairly in dealing with the…
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Insurance: complying with Australian Standards, recklessness and all reasonable precautions
in InsuranceThe terms of the policy relevant to the issue raised by ground 1 of the appeal are essentially the condition entitled ‘what you must do when you have a policy’, read in light of the ambit of the cover provided by the insuring clause and the specific exclusions from that cover. Starting with…
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Direct action against insurer
in Insurance[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″] [et_pb_text admin_label=”Text”] Murphy, McCarthy & Associates Pty Limited v Zurich Australian Insurance Limited [2018] NSWSC 627
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TPD – test for error in the insurer/trustee's decision
in InsuranceWhether the primary judge erred in his approach to the task of the Court in reviewing the Insurer’s opinion that Mr Jones was not Totally and Permanently Disable.
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"after consideration of medical evidence satisfactory to us"
NSURANCE – disability policy – totally and permanently disabled – insurer’s opinion – not unreasonable INSURANCE – disability policy – insurer not an employment agency – no obligation to obtain labour market analysis