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TPD – ETE (education training experience) clauses

By robertsheldon / May 22, 2020 / Comments Off on TPD – ETE (education training experience) clauses

Sandstrom 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

By robertsheldon / May 22, 2020 / Comments Off on TPD – a primer

Sandstrom 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

By robertsheldon / November 8, 2019 / Comments Off on Double insurance + other insurance clause

Allianz 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

By robertsheldon / September 4, 2019 / Comments Off on 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

By robertsheldon / December 22, 2018 /

Sargeant 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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Direct action against insurer

By robert / May 13, 2018 /

[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

By robert / September 15, 2017 /

Whether 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"

By robert / July 28, 2017 /

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

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Construing exclusions in an insurance contract

By robert / July 12, 2017 /

The policy should be read on the assumption that the exclusions removed claims that would otherwise be within cover. Accordingly, the claim by the trustee against one of the named insured was brought by a “third party” within the insuring clause

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Direct action against an insurer, s 6

By robert / February 28, 2017 /
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