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.

Shalhoub v Johnson (NSWSC 2020)

Key Takeaways

The NSWSC recently ruled on a dispute between two neighbours arising from an alleged failure by one neighbour to support the land of the other that resulted in the leaning of a retaining wall.

Ballas v Department of Education & Communities (NSWWCCMA 2020)

Key Takeaways

Davies v Whitehaven Coal Mining Limited (NSWCA 2020)

Key Takeaways

In Davies v Whitehaven Coal Mining Limited (NSWCA 2020) (‘Davies’), the NSWCA reversed the 2019 judgment of the primary judge (‘Wright J’).