Note from the Editor

Key Takeaways

In this case, the WASC has dismissed a plaintiff’s application for discovery of comparable insurance applications, which were sought by the plaintiff in order to challenge the insurer’s underwriting evidence following avoidance cover pursuant to s29(3) of the ICA.

Key Takeaways

In this case, the NSWSC dismissed an application by an insurer to enforce a settlement agreement on the basis that the parties did not intend for the settlement to be binding until a formal deed of release had been entered into.

AFCA Determination 674068

Key Takeaways

Key Takeaways

The NSWSC has rejected a reinsurer’s request to obtain documents related to a Trustees’ decision to change group insurers, which resulted in the reinsurer’s treaty being terminated.

Key Takeaways

Insurers cannot simply choose to disregard, or place unduly little weight upon, evidence which it considers to be deficient – for example, late-in-time medical reports, pro-forma certificates with little underlying rationale, or ‘on-the-papers’ medical opinions.

Key Takeaways

Key Takeaways

If an insurer asks about drug use in an application for insurance, it is no defence to an allegation of non-disclosure or misrepresentation to argue that the non-disclosed/misrepresented drug use was recreational or within socially accepted norms, and therefore irrelevant to the insurer’s decision.

A recent report from the Actuaries Institute Disability Insurance Taskforce has shone light on the long term sustainability of disability insurance, particularly individual disability income insurance (IDII) product offerings in both the retail and group space, which has for some time now, been of significant concern within the industry.