The UK Supreme Court recently handed down its decision on an appeal concerning a professional indemnity policy's aggregation clause. The issue in dispute was over precisely what was meant by the phrase "in a series of related matters or transactions", and whether it served to aggregate underlying claims.
Last April, the Federal government provided ASIC $57 million to launch the 'HMAS Enforcement and Surveillance'. This ship is currently steaming around the financial services seas and has already taken aim at a number of issues facing the life insurance, general insurance and banking sectors.
Once an insured person has demonstrated a prima facie disability, and an ongoing inability to perform pre-injury duties, the assessment of a TPD claim often involves consideration of other occupations that person might be able to undertake.
The Life Insurance Code of Practice (the Code) presents a guide for obtaining targeted and effective surveillance evidence in appropriate cases.
There are risks of forming a mistaken view about the existence of certain facts based on the contents of medical notes written by a doctor (typically, a treating general practitioner) or by reference solely to records about a claimant prepared by their former employer.
A point of contention between plaintiffs' lawyers and insurers regarding TPD claims in Queensland is the date at which TPD is to be assessed.
The NSW Court of Appeal explains the effects of the 2012 amendments to the Workers Compensation Act 1987 in relation to claims for damages by non-workers for nervous shock injuries in WorkPac Pty Ltd v Thearle  NSWCA 303.