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Results: 1-10 of 95

TPD claims : a life insured’s duty
  • McInnes Wilson Lawyers
  • Australia
  • May 3 2016

In October 2015, we published “Don’t Be Hasty - Duties and the Common Pitfalls for Trustees and Insurers” (view here) which looked at the duties of


High Court Redefines the Realms of Joining an Insurer to a Proceeding
  • McInnes Wilson Lawyers
  • Australia
  • April 14 2016

The High Court recently heard an appeal brought by CGU Insurance from a decision in the Supreme Court of Victoria, challenging a declaration that CGU


Policy Interpretation: Say what you mean!
  • McInnes Wilson Lawyers
  • Australia
  • March 21 2016

The principles of contract interpretation are well established; however we have seen a recent trend of in


Frustration of LTCS eligibility assessment
  • McInnes Wilson Lawyers
  • Australia
  • March 18 2016

Are MACA and LTCS legislation Interwoven to allow an insurer to utilise Section 86 of MACA to assess LTCS eligibility and base an LTCS application


Is residing somewhere an “Act” under s 54 of the Insurance Contracts Act?
  • McInnes Wilson Lawyers
  • Australia
  • March 15 2016

Section 54 of the Insurance Contracts Act 1984 (Cth) (ICA) provides an insurer may not decline indemnity because of an act of a party after the


Deregistered companies and insurance claims: room for improvement?
  • McInnes Wilson Lawyers
  • Australia
  • February 4 2016

When a company is deregistered, it ceases to exist. So what happens when a person has a genuine claim against that company but fails to commence


High Court of Australia - Allen v Chadwick relying on the care and skill of an intoxicated driver: the lesser of two evils?
  • McInnes Wilson Lawyers
  • Australia
  • December 10 2015

The High Court of Australia has recently considered the extent to which a Plaintiff who willingly agreed to ride as a passenger in a


Don’t be hasty - duties and the common pitfalls for trustees and insurers
  • McInnes Wilson Lawyers
  • Australia
  • October 30 2015

As the number of claims for Income Protection (IP) and Total and Permanent Disablement (TPD) benefits rise, the duties owed to a life insured by


Disclosure of privileged legal advice relied upon in determining TPD claim
  • McInnes Wilson Lawyers
  • Australia
  • October 29 2015

In the recent decision of Allen v The Queensland Local Government Superannuation Board 2015 QDC 237 the Plaintiff sought disclosure of legal advice


Re-training and TPD
  • McInnes Wilson Lawyers
  • Australia
  • October 29 2015

In Birdsall v Motor Trades Association of Australia Superannuation Fund Pty Ltd2015 NSWCA 104 the New South Wales Court of Appeal was asked to