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Getting to know the corporate regulator in Australia - Corporate/Commercial Law
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Public Interest Advocacy Centre
The Chief Justice of the Federal Court has strongly criticised the way insurance company TAL handled the legitimate income protection claim of a woman suffering from cancer.
TAL initially paid the woman’s claim, but then cancelled her policy after obtaining her medical records and finding that she had visited a psychologist. They argued that this constituted evidence of an undisclosed mental illness, even though the woman’s psychologist confirmed that she had not received any diagnosis.
In a judgment handed down on Tuesday, the Federal Court found that TAL failed to comply with the duty to act with utmost good faith in the way in handled the claim.
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In brief - Queensland Supreme Court finds that, in the
circumstances, an excess policy was a marine policy subject to the
Marine Insurance Act
Insurance Contracts Act 1984 (Cth) does not apply to
contracts to which the
This was a critical issue considered by Justice Bond in the
Supreme Court of Queensland late in 2020 in the case of
The issue considered in this case is one which insurers are
often required to consider but which rarely reaches the courts for
consideration.
Court considers whether the excess policy was a marine policy
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