Determining whether you are suffering Total and Permanent Disability
If you are suffering from a serious and disabling injury, illness or disease, that has permanently impaired your ability to work, you may be eligible to claim on your...
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Total and permanent disablement education, training and experience clauses explained
The any occupation definition of total and permanent disablement varies from insurance policy to insurance policy; but generally, the definition contains two limbs. The first limb requires that the...
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What is required of an insured to comply with the duty to disclose set out in section 21 of the Insurance Contracts Act
A recent decision of the NSW Court of Appeal sheds some light on what an insured’s duty of disclosure obliges the insured to do. Section 21 of the Insurance...
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The Claimants’ Insurance Lawyer should understand the Claimant, their loss & how it affects them
Insurance disputes generally involve two parties, the Insurer and the Claimant. One generally a multi-national company, and the other more often than not, a person. A Claimants’ Insurance Lawyer...
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Preventing the preventable and preserving your insurance cover
Periodically I write stories in our newsletter about real life commercial disasters which are so easily preventable but which have a habit of recurring with such frustratingly monotonous regularity...
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Back to basics for insurers in Australia ‘general rules of construction’ apply
In November 2010, the High Court of Australia issued it’s decision in Selected Seeds Pty Ltd v QBEMM Pty Ltd. QBEMM, Selected Seeds’ insurer, had earlier declined to pay...
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Some pitfalls affecting ‘claims made’ liability insurance
Consider this hypothetical scenario: Joe, a successful financial advisor, has just completed his 10th year in business. The recent economic recession is looking more distant every day that passes,...
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Why conventional insurance is occurrence-based
Most consumers of insurance products expect their policy will pay out for a claimable incident which occurs during the policy period – that is, during the period for which...
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