Non disclosure

Prior to instructing us, a life insurer had raised a reserve to cater for a life time benefits claim. However, we subpoenaed records at an early stage which revealed that the insured had failed to disclose a range of conditions prior to taking out the policies. Acting on our advice, the life insurer avoided the policies. We then served a Calderbank offer which was successful in persuading the insured to discontinue his claim. Our involvement in this claim saved the life insurer up to $1 million.


Related Articles

Court finds member was TPD before he ceased work

Legal Directions

Harrison v Retail Employees Superannuation Pty Ltd and Anor [2015] NSWSC 1665, 10/11/2015 The NSW Supreme Court recently found that a…

Continue reading

SECTION 29(2) ICA POLICY AVOIDANCE UPHELD

Legal Directions

Finadri v Westpac Life Insurance Service Limited [2018] VCC 1636 On 10 October 2018, Judge Murphy of the County Court of…

Continue reading

LIFE INSURER FOUND NOT TO HAVE BREACHED ITS OBLIGATIONS OF GOOD FAITH AND REASONABLENESS

Legal Directions

On 21 December 2018, Parker J of the New South Wales Supreme Court dismissed proceedings brought against MetLife Insurance Ltd (MetLife)…

Continue reading