Disability Insurance Claim successfully resolved in 3 months for process worker

Published 11 May 2015

Our client Mrs R of Blacktown is a former process worker for over twenty years and was unable to work after suffering a knee injury. Our client was in receipt of the Disability Support Pension (DSP) and afterwards decided to claim on her TPD insurance as paid for by her superannuation savings.

The Insurance company of her super fund had refused to pay her claim. They did not deny the claim but rather subjected our client to continuous investigations and surveillance, numerous interrogations and examinations, multiple demands of documents and evidence.  After a period of over 2 years the insurance company had still not made a determination despite all possible evidence being made available. The insurer gave no reason or explanation for their seeming inability to make a decision.

Mrs R was greatly affected by the conduct of the insurer. She was beginning to worry they were deliberately trying to harass her back to working, despite all her doctors warning of the risks of so doing. At the end of her tether she sought the help of Gerard Malouf and Partners Superannuation Lawyers.

Our firm immediately sprang into action and made demands for full and proper explanations of the insurer for any delay. Their reply was unsatisfactory and we made preparations to proceed to court by issuing the relevant notices. The defendant quickly responded that in review they have sufficient information to approve payment. Our client was able to receive her money after 3 months of retaining Gerard Malouf & Partners

Many TPD insurers attempt to evade their duty to pay by refusing to make a decision, and not rejecting a claim. This tactic does not prevent you from exercising your right to sue for the money that you have been paid had they made a decision. Our law firm has a reputation of successful cases, both in and out of court. If you are facing difficulty with your insurance company our firm is well equiped to assist.

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