Note from the Editor

Welcome to the 2nd edition of this year’s Life Insurance Bulletin.

Everyone I trust is now a Zoom warrior and working remotely, well, it seems like we have been doing it all our lives.

Key Takeaways 

Whilst the life insurance industry has adjusted relatively smoothly to remote working during the current medical emergency, one aspect of dealing with disputes that does not sit well with this new way of doing things is the execution and witnessing of formal documents such as defences, deeds and affidavits.

Key Takeaways

In the decision of Felix v NULIS Nominees (Australia) Ltd, the FCA has dismissed a statutory SCT appeal by a super member against the SCT’s decision to affirm a TPD decline involving an ‘unlikely ever to be able’ TPD definition.

Case 658132

Key Takeaways

Once again, in considering a trauma policy, AFCA has demonstrated that it is not constrained by the terms of the actual policy in its pursuit of fairness for the consumers of insurance products.

Key Takeaways

In group policies where benefit levels are determined by an insured’s formal employment classification, the term ‘casual employment’ is often a critical (but often undefined) concept.

The Story So Far

Key Takeaways

In a recent key judgment, the FCA has clarified the ability of AFCA to make conclusions of law. The judgment is likely to have important implications for trustees and life insurers.

Brief Facts

COVID-19 Update

The NSW Workers Compensation Commission has announced that in-person AMS assessments may re-commence from 20 July 2020.

Importantly, face-to-face assessments will be "opt-in", and will only be arranged upon request. Video assessments will continue to be the preferred method of assessment.

Full details can be found here.

Legislative Developments

BC v State of New South Wales [2020] NSWWCCPD 39 (19 June 2020)