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.
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)
Key Takeaways
Schembri v Blacktown City Council (NSWWCCPD 2020) (9 June 2020)