Published 04 Nov 2015
Mr L of Bankstown was a cleaner who was injured in a motor vehicle accident. As a result of said accident he suffer extensive injuries to his back and neck and he developed Adjustment Disorder and Major Depression. As a result of his injuries Mr L was significantly inhibited in his daily living and was required to undergo significant and surgery. Consequently, he was unable to continue working despite all attempts. Mr L had initially retained Gerard Malouf and Partners for conduct of his Motor Accident claim, which was resolved successfully.
Mr L was in possession of, through his Super Fund, private insurance for total and permanent disability (TPD). This entitles him to significant insurance should he be unable to work because of injury. He had initially attempted to apply for this benefit on his own and was rejected on technical reasons. Upon being rejected Mr L sought our advice and retained our firm. After receiving instructions we launched into action. We gather supportive evidence for our client’s TPD claim, demanded payment, and commenced proceedings in the Supreme Court of NSW when the insurer failed to pay.
The insurance company was initially reluctant to settle the matter and had attempted to use stalling techniques at court and attempted intimidation tactics, and in light of the insurer’s intransigence we set the matter for hearing. In the face of an impending hearing, and an order from the judge for mediation, the insurer ultimately settled the case for $248,000.00 and agreeing to pay costs of listing the hearing. This figure was the same amount as our client’s initial offer of $250,000.00 which represents a large percentage of the insured sum.
As a result of this outcome our client is able to attend to his family’s needs and he is greatly satisfied with the outcome.
Gerard Malouf & Partners has experience in successfully litigating TPD and Income Protection claims held both personally and in Superannuation Funds. Our solicitors are able to provide advice and expertise in pursuing a claim for your insurance entitlements. Contact us and let us help you.