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256 Documents found. Displaying 51 - 100

Reasonable to (not) disclose pre-existing conditions?


An insurance policy is a contract. The law requires disclosure of key information for a contract to be valid, often called “meeting of the minds”. Not disclosing information is a serious breach and the courts have a history of fixing such situations on the basis of Equity. This applies to…

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What happens to a deceased person’s superannuation?


Superannuation funds ensure that Australians are well prepared for the financial challenges of not having an employment income stream after they retire. In 2013-14, the average super balance for men and women aged 15 and over was $98,535 and $54,916, respectively, according to figures from the Association of Superannuation Funds…

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What benefits will I receive after a successful TPD claim?


Whether it's a physical or psychological ailment, total and permanent disabilities (TPDs) often have a significant impact on an individual and their family. Unfortunately, unforeseen circumstances can strike at any time, and this creates uncertainty for the future. TPD insurance provides financial support to people who suffer a debilitating injury…

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How do buy-back options affect future life insurance claims?


Life insurance doesn't just pay out when the policyholder passes away. Most products have other features built in that provide financial support when people suffer critical illnesses, serious injuries or total and permanent disabilities (TPDs). For instance, trauma cover offers payments when the policyholder suffers a heart attack, stroke or…

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How do I make a death benefits claim?


The loss of someone close to you is devastating. Yet, surviving family members must normally handle mountains of paperwork and admin during an already traumatic time following a loved one's death. One of these responsibilities is making a death benefits claim, which ensures the deceased's accumulated superannuation is distributed to…

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Are mental health insurance products about to change?


Life insurance products often contain coverage for policyholders who develop mental health conditions. For example, many total and permanent disability policies make lump sum payments for people who have debilitating depression, anxiety or post-traumatic stress disorder. These disorders and other psychological diagnoses are also often covered under income protection and critical illness…

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Can you return to work after a TPD payout?


Total and permanent disability (TPD) insurance is designed to provide financial support to people who have suffered life-changing injuries or illnesses and are unable to return to work. But there are many examples of where someone may be deemed totally and permanently disabled, yet they later rejoin the workforce. For…

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Which professions are the least likely to have life insurance?


Life insurance policies are designed to give policyholders peace of mind that unforeseen circumstances won't place their family in financial difficulty. These products can encompass a number of different areas, including cover for total and permanent disabilities (TPDs), critical illnesses, income protection and death. Unfortunately, recent research from insurer NobleOak…

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Are funeral costs included in death benefits claims?


The death of a loved one is devastating, and dealing with this loss is usually even more difficult when someone passes away suddenly. Organising a funeral at such an emotional time is challenging, and families may struggle to pay for the service. This is hardly surprising when funerals can cost…

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Does going on social media mean I am not TPD?


An insurer accessing a Total and Permanent Disablement (TPD) claim will often, in trying to find a way to decline the claim, subject the claimant to surveillance and investigation. Increasingly the insurer relies on Facebook and other social media activity to suggest a person is not as ill as they claim –…

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What surveillance techniques do insurers use to reject claims?


Purchasing insurance can provide peace of mind for people who want a financial safety net in case of unforeseen circumstances. Employees typically have access to several life insurance products through their superannuation fund. These policies may include cover for total and permanent disabilities (TPD), critical illnesses and income protection. Insurers…

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Getting advice can make (or break) your TPD & Insurance claim


There are many cases where persons have changed their Insurance and Superannuation, from time-to time, having been sold by Customer Service Specialist, in reality salespersons, when attending a bank branch or get called. Many takes up the pitch to transfer the superannuation or changes their insurance. This is all done…

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NSW Police Officer Awarded $788,000 After Claim Was Declined By Insurer


Ms Hellessey, a former member of the NSW Police Force ceased employment on 30 August 2010 after she was diagnosed with Post-Traumatic Stress Disorder (PTSD) and Major Depressive Disorder as a result of events that occurred during the course of her employment. In 2012 Ms Hellessey lodged a TPD claim…

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Roof Plumber Awarded TPD Benefit After Insurer Loses Appeal


The New South Wales Court of Appeal recently dismissed an appeal made by Hannover Life Re of Australasia Ltd, ordering that it pay Mr Jones the Total and Permanent Disability Benefit in accordance with the Superannuation Policy plus costs. By way of background, Mr Jones, the First Respondent, injured his…

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I’ve suffered a sports injury. Am I entitled to insurance benefits?


Sport is a huge part of the national identity in Australia, but tens of thousands of people in the country are hospitalised each year due to injuries they've sustained playing their favourite pastimes. The latest figures from the Australian Institute of Health and Welfare (AIHW) show that 36,000 people aged…

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Has the NSW Court of Appeal raised the bar for TPD claims?


Total and permanent disability (TPD) policies provide financial support to people who have sustained serious injuries or illnesses that prevent them from working. However, policies have stringent criteria that specify the level of the claimant's incapacity before a payout will be approved. While every product is different, the wording is…

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Why are mental health disability claims more difficult to prove?


Total and permanent disabilities (TPDs) have a significant impact on the affected individual and their loved ones. TPD claims mean permanently disabled people can receive a lump sum payment to help them support themselves and their families should unforeseen circumstances strike. However, insurers don't approve every claim they receive and…

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What is the average duration of a TPD claim?


Total and permanent disability (TPD) cover has suffered a lot of bad press recently. These products were found to be the least likely to pay out in a recent ASIC study of life insurance policies, with 16 per cent of claims rejected. Insurers have also been accused of delaying payouts…

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Is there a maximum payout for income protection insurance?


Income protection is one of the country's most reliable insurance products. Statistics from the Australian Securities and Investments Commission (ASIC) revealed that just 7 per cent of claims are rejected, lower than any other type of life cover. This type of insurance provides you with financial support during times when…

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What’s the difference between dependants and interdependency relationships?


Do you know what happens to your superannuation if you were to suddenly pass away? The answer isn't always simple, so it's important to educate yourself on how your accumulated funds may be distributed to your loved ones should the worst happen. Nevertheless, your money will often go to a…

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Can I still make a TPD claim if an accident or illness is my fault?


The amount of money someone receives in compensation or benefits can often be affected by whether or not the person making the claim was at fault for the accident, injury or illness that occurred. For instance, drivers who are to blame for car crashes are rarely eligible to receive a…

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How likely am I to succeed if I make a TPD claim?


Total and permanent disability (TPD) cover is a common form of insurance that helps individuals cope with the financial difficulties that can arise from suffering a debilitating injury or illness. As with any insurance, however, there is a chance that your claim will be rejected. Insurance companies and superannuation funds…

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How will the superannuation transfer balance cap affect death benefits?


The 2016 Federal Budget introduced a fundamental change to how superannuation funds will be managed in the future. From July 1 2017, the government will place a limit on the amount of money a person can have in the tax-free 'retirement' phase of a fund, with any excess transferred back…

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What are the most common critical illnesses in Australia?


Australia is an ageing nation, with life expectancy on the rise and people enjoying longer, healthier lives. The Productivity Commission estimates that the proportion of the country aged 75 and over will jump to 14.4 per cent by 2060, up from just 6.4 per cent in 2012. Nevertheless, critical illnesses…

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Why is my insurer or fund refusing to pay my TPD claim?


Becoming disabled, whether it's due to an accident or illness, is a life-changing event that can leave individuals and their loved ones unsure about the future. Not only do disabilities have a significant impact on your day-to-day activities, they are likely to cause problems for you in the workplace. In…

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What death benefits factors do the Superannuation Complaints Tribunal consider?


Death benefits provide important financial support to the loved ones of a person who has passed away via the deceased's superannuation fund. Some super members set up a binding death benefit nomination, which means payments are made to a specific beneficiary, while others may choose to have their benefits paid…

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What guarantees can Gerard Malouf & Partners provide for superannuation claims?


Pursuing a claim against your superannuation fund can be a complex and lengthy process, which is why you should enlist the services of an experienced lawyer to ensure you have the best chance of winning. But how can you be sure that the firm you choose is capable of providing…

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Is Australia suffering from an underinsurance problem?


Insurance can provide crucial financial support for you and your family should unforeseen circumstances strike. Whether it's cover for your car, your home or even your life, having comprehensive insurance can help prevent a bad situation from becoming worse. However, recent research has suggested that many Australians may be underinsured,…

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Do critical illness or income protection policies cover suicides?


Suicide is always a sensitive topic to discuss, but recent figures from the Australian Bureau of Statistics show that deaths from intentional self-harm reached 10-year highs two years ago. Sadly, suicide is now the 13th leading cause of death in Australia, with nearly 13 people out of every 100,000 ending…

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Can I make more than one claim against my superannuation fund?


Superannuation is designed to provide you with the money needed to fund your retirement, so that you can enjoy your golden years without having to worry about your finances. But what if things go wrong? If you suffer a serious injury or illness, you may be unable to work, which…

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What are the benefits of using a superannuation disputes law firm?


Your superannuation fund likely has a number of different types of insurance for members, whether it's income protection, total and permanent disability cover or accidental death benefits. The Australian Securities & Investments Commission claims obtaining insurance through your super has a number of advantages, including cost-effectiveness and easy management due…

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Should I take my superannuation dispute case to court?


Whether you've suffered through the accidental death of a loved one or experienced a critical illness or total and permanent disability, you may be entitled to a payout through your superannuation fund. Many superannuation claims are settled before they need to go before a judge, but there are occasions where individuals feel their…

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What might cause an insurance claim to fail?


In times of total and permanent disability or critical illness, it's essential for people to have a consistent flow of income. If there's any difficulty in receiving superannuation or insurance payouts, it can greatly impact a victim's quality of life. While superannuation lawyers can fight for a person's right for fair…

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How are total and permanent disabilities assessed?


Suffering an illness or injury may require you to take a considerable amount of time away from the workplace. This can have a significant effect on your confidence, financial situation and career. Particularly serious problems could prevent you from ever returning to your job, or at least stop you from…

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