Insured Benefit of $1.8 Million Paid 5 days after GMP on the Scene

Published 15 Aug 2018

Author: Jesicca Yousif

Our client, Ms H of Wagga Wagga, was previously employed as a high level, white collar employee in the Banking and Finance Industry.

Following incidents of workplace bullying and harassment in 2012, Ms H sustained psychological injury and subsequently ceased work. Ms H attempted to return to work with alternative employers however these attempts were unsuccessful. Ms H was later diagnosed as suffering from depression and anxiety stemming from the psychological injuries of 2012.

After lodging an application for income protection in 2013, Ms H decided to lodge a claim for Total and Permanent Disablement and did so in January 2016.

In assessing the claim, the insurer requested Ms H to submit extensive documentation, complete monthly reports and attend various medical examinations. The assessment process was dragged on with no clear end in sight. Despite assurances from the insurer that a determination would be made shortly, Ms H continued to wait.

Over a year and half later, no decision was made.

Ms H, fed up and distressed at the lack of a substantial response, decided to retain the services of Gerard Malouf & Partners. Our expert solicitors determined the claim was viable and wasted no time in contacting the Fund and its Insurer, issuing correspondence and letters of demand with a view of commencing litigation.

Less than 5 days later, the claim was admitted for the full insured benefit of $1.8 Million.

Ms H was extremely grateful and relieved that the matter had finally come to a successful resolution.

The superannuation fund trustee and insurer have a duty to act in good faith and assess a claim in a reasonable and timely manner. Failure to do so constitutes breach of such a duty and could give reasonable ground for proceedings to be commenced against a fund and its insurer.

If you believe you may have a claim for TPD or have attempted to lodge a claim with no response from the fund and/or its insurer, our expert solicitors can assist. Contact Gerard Malouf and Partners on 1800 004 878 for a free consultation to determinate your legal rights and provide you with expert advice.

  • NSW Offices
  • North Parramatta
  • Ballina
  • Baulkham Hills
  • Blacktown
  • Bondi Junction
  • Campbelltown
  • Chatswood
  • Erina
  • Rockdale
  • Liverpool
  • Miranda
  • Newcastle
  • Penrith
  • Ryde
  • Sydney
  • Tamworth
  • Wagga Wagga
  • Wollongong
  • Mudgee
  • Tweed Heads
  • VIC Offices
  • Melbourne
  • QLD Offices
  • Brisbane
  • Bundall
  • ACT Offices
  • Canberra City
Phone 1800 004 878 to book a free appointment