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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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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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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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