$300,000.00 TPD Claim for building contractor with back injury & depression

Published 18 May 2015

Our client Mr H of Maroubra is a former building contractor for over ten years and had to cease work after he fell from a ladder. He developed a severe back injury along with depression and decided to make a TPD claim.

He had taken out his insurance some years before under advice from his financial adviser and it was meant to protect his finances for exact such a situation. The financial adviser later promised that his insurance would be paid within 3 months.

The investigations took two years, during which he was subjected to continuous examinations and surveillance, after which the claim was denied. The insurance company decided that our client could work despite his injuries as he can still do minor tasks. Mr H’s financial adviser explained that the insurer is usually right and he should return to his job but he could also complain to the Superannuation Complaints Tribunal (SCT) to review the denial.

Whilst receiving the DSP he was under significant financial pressure to make ends meet and was under strict instructions from his doctor not to return to work under risk of severely worsening his condition. At the end of his tether Mr H sought a second opinion with Gerard Malouf and Partners.

After the free initial consultation he asked our firm to pursue his case and we immediately started to turn the case around. We made demands for full payment within a month and should they not comply for the matter to commence immediately to the Supreme Court.  After commencement of proceedings the insurer agreed to participate in a settlement proceeding for this case and offered a large benefit amount of $300,000.00. Our client agreed to settle the matter on those terms.

Financial Advisers do offer their assistance with TPD claims, claiming they can achieve quick resolution for you. The reality is these advisers are often agents of the insurance company and arereceiving commission from them. They are not qualified to provide any legal advice.

You are not bound to answer to any of the requests from the insurance company which are unreasonable and you are entitled to bring them to task at the Court.

Gerard Malouf and Partners has an excellent reputation in successful TPD claims, both in and out of court. Please contact us on 1800 004 878 if you need assistance.

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