Vietnam war veteran – post-traumatic stress disorder

A Vietnam War veteran suffered post-traumatic stress disorder as a consequence of his participation in the Vietnam War.  We defended the Supreme Court proceeding on the basis that the life insurer was entitled to avoid the policy on the ground of fraudulent non-disclosure, the life insurer acted reasonably in forming the opinion that the insured did not meet the TPD definition and that the war exclusion had been triggered.  After convening an early conference, the matter settled for a modest sum at a time when both parties’ legal costs were very low.


Related Articles

SPECIAL COSTS ORDERS – PRINCIPLES – ORDER 66 RULES OF THE SUPREME COURT 1971 (WA)

Legal Directions

Terravision Pty Ltd v Black Box Control Pty Ltd [No 5] [2018] WASC 340 Facts Consideration of the appropriate costs orders…

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

INSURER’S RESPONSIBILITIES WHEN DETERMINING TPD CLAIMS

Legal Directions

MetLife Insurance Limited v MX [2019] NSWCA 228 This is a decision by the NSW Court of Appeal of 16 September…

Continue reading