Published 24 Feb 2015
This hard working labourer suffered a work place injury that injured his neck which soon developed into disabilities of his arms and back also, along with mental health problems. Our client had a history of labour intensive work which he could not continue to do and thus required money for his treatment and livelihood. The situation had become critically urgently.
He was insured through his superannuation fund insurance for TPD Claim insurance in the amount of $150,000.00.
The labourer contacted Gerard Malouf and Partners as he had not been paid his TPD claim after a period of two years and wanted our assistance and advice. We recognised the severity of his condition and the tactics employed by the Insurer to avoid payment of the benefit.
We proceeded with decisive action, preparing our client’s matter in preparation to litigate at the Supreme Court should the Insurance company not make payment. We demanded full payment of the $150,000.00, providing in support the relevant evidence and arguments. We acted quickly to keep the pressure on the insurer. As a result of Gerard Malouf and Partners actions the insurance provider caved to the pressure and weight of the case we presented and we were able to secure our client’s legal right in relation to this claim in merely 2 months.
In recent times Insurance has become an increasingly regular feature in superannuation funds, these are established without notification to your nor requires you explicit say so. These policies are paid for by your employment savings, but when you request your rightful benefit as a result of injury or illness 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.