Insurance

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 / 0 Comments

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 / Comments Off on Direct action against insurer

[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 / Comments Off on TPD – test for error in the insurer/trustee's decision

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 / Comments Off on "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

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Construing exclusions in an insurance contract

By robert / July 12, 2017 / Comments Off on Construing exclusions in an insurance contract

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 / Comments Off on Direct action against an insurer, s 6
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Accident, recklessness and insurance

By robert / November 15, 2016 / Comments Off on Accident, recklessness and insurance

Matton Developments Pty Ltd v CGU Insurance Limited [2016] QCA 208 Margaret McMurdo P: For the appellant to be deprived of the benefit of the accidental overload clause, the overloading and damage must have been expected (Westco Australia Pty Ltd v Manufacturers Mutual Insurance Ltd (Unreported, Supreme Court of Queensland, Derrington J, D M Campbell and…

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Enter into a contract of insurance: s 45 of the Insurance Contracts Act

By robert / September 9, 2016 / 0 Comments

 

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TPD: "unlikely ever" – a real chance

By Robert Sheldon / June 29, 2016 / 0 Comments

TAL Life Ltd v Shuetrim; MetLife Insurance Ltd v Shuetrim [2016] NSWCA 68 Construction of the TPD clauses The statement in the headnote of White v The Board of Trustees [1997] 2 Qd R 659 that “‘unlikely’ meant ‘improbable’ in the sense of a less than 50 per cent chance” is erroneous: at [81], [86], [189]-[190]. White…

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