$200,000 Victory Against Insurer Who Rejected TPD Claim for Pre-existing Conditions

Published 17 Feb 2015

Our client suffered injuries during a Work Place Accident to her back, and this soon developed into disabilities of her arms and neck. Our client was a cleaner and her injuries meant the end of her work. She had been off work as a result and required money for treatment and livelihood, but despite the severity of her illness her Insurer for TPD Claim insurance in the amount of $200,000.00, decided to deny her claim because of pre-existing conditions.

This hard working cleaner contacted Gerard Malouf and Partners as she was gravely distressed by the denial of the insurance and wanted our assistance and advice.  We recognised the merit of her claim and noted the trick of the Insurance company to avoid payment. They alleged that they don’t have to pay as our her neck was already previously damaged, but they ignored the injury to her back and the arising disabilities which happened later.

We proceeded with decisive action, preparing our client’s matter in preparation to litigate at the Supreme Court. We demanded full payment of the $200,000.00, providing in support the relevant evidence and previous court cases. We acted quickly to keep the pressure on the insurer.  As a result of Gerard Malouf and Partners involvement the insurer’s decision was overturned and the amount of $200,000.00 was paid in full to support this injured worker.

The growth of Insurance in Superannuation Funds, was intended to protect your retirement if you can’t work as a result of an injury. These policies are paid for by your Superannuation savings, but when you request your rightful benefit as a result of injury or illness the big Insurers have increasingly tried to evade their responsibilities by hiding behind technicalities. 

If you are intending to make a TPD claim or are currently facing difficulties with an insurer please do not hesitate to contact our Superannuation lawyers for a free consultation.

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