Insurance

• Assessing disability claims fairly

  3rd Jun 2021

  Liam Hanlon and Dr Benjamin Koh discuss two major outcomes from the Banking Royal Commission for insurance claims assessors, including the requirement of an Australian Financial Services Licence and the statutory obligation of utmost good faith. These outcomes set a higher legal standard for claims assessors to operate fairly and provide valuable consumer protections to those claiming disability benefits.

• ADL definitions in TPD insurance: Is the default at fault? (part two)

  28th Oct 2020

  In TPD policies, the ADL definition reports a much higher rate of decline compared to claims made under the any occupation definition.

  In the second part of this two-part series, Matthew Lo argues that the fact that a definition has a higher rate of decline is not proof of its ‘unfairness’, and that the ADL definition cannot be ‘unfair’ as it enlivens rather than restricts a claimant’s ability to claim.

• ADL definitions in TPD insurance: Is the default at fault? (part one)

  22nd Oct 2020

  The any occupation definition of total and permanent disablement (TPD) insurance is often referred to as the ‘standard form’ definition due to its ubiquity. However, a quick canvas of legislative instruments, such as the Life Insurance Act 1995 (Cth) or Insurance Contracts Act 1984 (Cth), reveals no required specifications for TPD insurance.

  In the first part of this two-part series, Matthew Lo discusses the various definitions and inconsistencies associated with TPD insurance.

• Figuring out who the ‘relevant insurer’ is under the Motor Accident Injuries Act in NSW

  30th Apr 2020

  With the introduction of the concept of a 'relevant insurer' in the Motor Accident Injuries Act 2017 (NSW), a claimant must lodge one claim form with one insurer only when claiming statutory benefits. In this article, Belinda Cassidy, Special Counsel at Stacks Goudkamp, explores the difficulties that arise in working out who the 'relevant insurer' is in multi-vehicle accidents and their effect on the flow of statutory benefits to injured persons, particularly self-represented claimants. Belinda urges SIRA to publish arrangements it has approved between insurers for the determination of which insurer will accept a claim for statutory benefits and be the relevant insurer in respect of the claim.

• Coronavirus and important insurance questions

  2nd Apr 2020

  Kim Shaw explores some of the common questions lawyers might be asked about insurance coverage – travel, business, mortgage and disability insurance – as their clients feel the impact of the COVID-19 pandemic on their lives and livelihoods. Kim provides some helpful tips about how lawyers can respond to these. 

• What solicitors should tell their personal injury clients about surveillance

  19th Mar 2020

  Tom Goudkamp OAM explains what legal advisors should tell their personal injury clients about insurer surveillance. If clients are truthful with doctors, medico-legal experts and their lawyers, surveillance will not harm them, and may even help their cases. Tom explains that the opportunity for insurers to ambush clients in court is now limited.

• Investigation reports and litigation privilege in motor vehicle accidents: Douglas v Morgan [2019] SASCFC 76

  15th Aug 2019

  Natasha Budimski outlines the recent Supreme Court of SA decision Douglas v Morgan & Ors. This case directly challenged the ability of CTP insurers to assert legal professional privilege over investigation reports obtained early on in a motor vehicle accident claim, and ultimately make determinations on liability based on those reports.

• Drivers lose out in insurance shake-up

  18th Jul 2019

  The SA State Government’s recent rejection of a number of recommendations made by a parliamentary review into SA’s compulsory third party (CTP) scheme is bad news for injured motorists.

• Banking RC recommendations address unfair insurance practices

  5th Feb 2019

  The Banking Royal Commission report contains several specific recommendations that will ‘level the playing field’ for consumers, which has been skewed against them for too long, and will deter industry misconduct, said the Australian Lawyers Alliance (ALA).

• Draft FSC Code of Practice still fails to prevent harmful surveillance and excessive trawling of customers’ medical records

  24th Jan 2019

  The draft Life Insurance Code of Practice tabled by the Financial Services Council (FSC) still fails to adequately protect consumers from excessive scrutiny of their medical records, harmful surveillance and forced ‘doctor-shopping’, according to the Australian Lawyers Alliance (ALA).

• Draft life insurance code of practice still ‘lacks teeth’ says plaintiff lawyers

  22nd Jan 2019

  The draft life insurance Code of Practice tabled by the Financial Services Council (FSC) is still not legally binding and does not deliver on key issues raised in the Financial Services Royal Commission, according to the Australian Lawyers Alliance (ALA).

• Urgent reform needed to prevent insurers unfairly denying claims, says ALA

  6th Nov 2018

  Insurers must be prevented from unfairly denying claims based on unrelated pre-existing health conditions and restricted from accessing medical records dating back more than five years prior to the policy inception, says the Australian Lawyers Alliance (ALA).

• Injured drivers will not be fairly compensated under proposed ACT MAI Bill

  1st Nov 2018

  The proposed ACT Motor Accidents Insurance (MAI) Bill will not provide proper compensation to injured motorists and will shift the balance of power in favour of the insurers, says the Australian Lawyers Alliance (ALA).

• Insurance within superannuation is valuable but clear ratings system needed, says ALA

  29th Oct 2018

  Clear facts-sheets and a ratings system are needed to make it easier for consumers to understand the costs and benefits of the death and disability insurance within their superannuation, says the Australian Lawyers Alliance (ALA).

• Expert evidence: Traffic accident reconstruction reports and physical observations

  16th Oct 2018

  David Cormack discusses the decision and reasoning in the recent case of Brown v Daniels & Anor [2018] QSC 209.

• Superannuation and TPD Insurance: Four things you should tell every TPD client

  11th Oct 2018

  Giving TPD insurance claimants specific information early on can stop them taking action that is potentially financially damaging and encourage them to think about how best to maximise their claim should it be successful.

• Lawyers call for inquiry into mental health insurance discrimination

  15th Jun 2018

  The ALA is urging the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry to investigate discrimination by insurers on the basis of mental health.

• The NDIS and compensation

  15th Mar 2018

  Tom Ballantyne gives an overview of the compensation claims process under the National Disability Insurance Scheme (NDIS).

• Security for costs: part 2

  15th Feb 2018

  Read more about whether evidence of a policy from an ‘ATE’ insurer can suffice?

• Security for costs: part 1

  8th Feb 2018

  Can evidence of a policy from an ‘ATE’ insurer suffice?

• Community to help improve CTP in Canberra

  23rd Aug 2017

  The Australian Lawyers Alliance (ALA) has today welcomed Chief Minister Barr’s announcement that the ACT’s first citizen’s jury would soon be arranged to consider reform to the Territory’s Compulsory Third Party (CTP) insurance scheme.

• Superannuation disability insurance: tips and traps

  17th Aug 2017

  This article offers ten tips for successful total and permanent disablement (TPD) claims under insurance held through superannuation.
   

• The path of destruction runs deep

  27th Jul 2017

  Queensland residents have certainly experienced their fair share of natural disasters. It is important that we give consideration to how the law can provide clarity and security to those affected.

• TAC's new client app: MyTAC

  22nd Jun 2017

  The Victorian Transport Accident Commission has produced an app specifically designed for people injured in transport accidents.

• How to protect your client's TPD money

  8th Jun 2017

  There are simple strategies that can be implemented to make the most of any TPD claim, particularly minimising tax payments and maximising other benefit entitlements.

• TAC’s new rapid payment scheme

  11th May 2017

  A most welcome and far-sighted scheme is about to be rolled-out by Victoria’s Transport Accident Commission (TAC).

• Nervous shock & psychiatric claims after the loss of a child

  16th Feb 2017

  The law in Australia as it currently stands has the capacity to compound a parent’s grief in such circumstances and generate more than justified contempt towards the legal system. Particularly given the widely accepted view across the community would be that entitlement to compensation in such horrific circumstances would be considered both reasonable and appropriate.

• Interim ban on ethanol burners after a spate of accidents & injuries

  9th Feb 2017

  In late 2016 there were a number of announcements about the interim, 60-day, banning of ethanol burners in Queensland, and across other states and territories. The bans followed 38 incidents in Queensland and 117 in total across Australia since 2010.

• Teen burn victim claims against party host

  25th Jan 2017

  In 2013, a 16-year-old girl suffered third degree burns to 42% of her body at a house party when a teenage boy poured an accelerant on to an open fire at a house party. In July 2016, the Brisbane Times reported that the young woman is attempting to claim almost $12m in compensation for her ordeal.

• Life insurance industry code of conduct fails the litmus test

  12th Oct 2016

  A Code of Practice designed to regulate life insurance companies would still allow them to deny genuine claims, the Australian Lawyers Alliance (ALA) said today.

• Banking inquiry was just a paper tiger

  7th Oct 2016

  The Australian Lawyers Alliance (ALA) has renewed its call for a Royal Commission into the Australian banking system after the parliamentary inquiry failed to properly examine the systemic issues plaguing the industry.

• Beware Sunsuper Superannuation Insurance & TPD Changes

  28th Jul 2016

  Sunsuper announced that from 1 July 2016, their superannuation insurance will be changing. These changes mark a radical shift in Total Permanent Disability (TPD) insurance. Greg Spinda briefly comments on the need for the changes and provides a summary of the pertinent changes to the TPD insurance cover.