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

A DIRECT CLAIM AGAINST AN INSURER OF A DEREGISTERED TORTFEASOR IS NOT AVAILABLE IN A CROSS-CLAIM

Legal Directions

Amaca Pty Limited v AAI Limited (Re: Simpson) [2019] NSWDDT 11 Introduction This judgment considers the application of ss4 and 5…

Continue reading

“Too late”, she cried! Victorian Medical Panels given greater flexibility in making Determinations

Legal Directions

Lee Me Ko v Dr Caroline Hall & Ors (4 September 2020) In a majority judgment[1] overturning several years of single…

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