We are delighted to welcome you to the fourth edition of the HWL Ebsworth Life Insurance Quarterly Newsletter.

With insurance lawyers in each capital city, HWL Ebsworth has one of the largest insurance practices in Australia, dedicated to assisting clients in all aspects of insurance and reinsurance. Within the national practice group we have a team of partners and lawyers who specialise in life insurance and have market-leading expertise across all Australian jurisdictions.

As part of our focus on the life insurance industry, each quarter we address a range of topics designed to provide industry stakeholders with an insight into legal and other developments across the nation.

In this edition we review the following topics:

If the job fits…Assessing suitability for work under TPD definitions

As scrutiny of TPD definitions continues, the Court has examined what it means to be reasonably fitted for an occupation by education, training and experience.

Are there limits to the jobs which an insurer can rely upon to resist a TPD claim? The Court thinks so…

To read more click here.

‘Off the record’: The perils of over-reliance on medical notes and employer records

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.

To read more click here.

Date for assessment of TPD – Uncertainty in Queensland

Uncertainty continues in Queensland regarding the appropriate date for assessment for TPD claims. Time will tell whether Queensland judges fall into line with their New South Wales brothers.

To read more click here.

‘Effective’ surveillance under the Life Insurance Code of Practice

The Life Insurance Code of Practice presents a guide for obtaining targeted and effective surveillance evidence.

To read more click here.

A shot across the bow: ASIC takes aim at claims management practices

To read more click here.

Editors: Jason Stevens, Partner, and Matthew Harding, Partner.