Published 22 Dec 2015
Our client is a resident of Queensland and was employed as a labourer and he has mainly worked in labour work for the most of his life.
Our client was born with poor eyesight but this was mainly manageable until around 2011 when he suddenly began suffering from a deterioration in his eyes and ultimately resulted in him losing all sight in one eye and the residual of around 50% of eyesight in the other by 2011. For all intense and purposes, he was completely blind by that time.
Our client had a modest benefit of total permanent disablement insurance (TPD) held in his superannuation fund. Subsequent to his cessation of work because of eye sight, he made an application to claim the TPD benefit. This claim was rejected by the insurance company on the basis that his eyesight was a pre-existing condition and that he did not satisfy active employment, prior to his cessation of work. Upon his claim being rejected our client contacted Gerard Malouf & Partners for legal advice. After our preliminary advice our client decided to retain Gerard Malouf & Partners for conduct of his TPD claim.
Gerard Malouf & Partners quickly identified that the insurer’s refusal hinged upon the medical advices provided by the treating doctor which was not entirely definitive. Our solicitors quickly accrued additional medical evidence to clarify the medical situation and upon the providing of this evidence to the insurer demanded payment, and noted the intention to bring the case to the Supreme Court of Queensland.
With the threat of litigation bearing upon them, the insurer caved and finally made payment of the TPD claim to our client. As a result of this payment our client is able to manage his finances and is greatly satisfied of the results. While the benefit was modest he has been greatly alleviated financially.
On many occasions, insurance companies will attempt to avoid payment of the policy on the basis of technical issues such as pre-existing conditions and the failure to satisfy being actively employed at the time of disablement. Our firm of solicitors, Gerard Malouf & Partners has expertise and experience in conducting such claims and we are in a position to assist you.
If you are currently experiencing difficulty with total and permanent disablement and / or income protection claim, please do not hesitate to contact Gerard Malouf & Partners for a free consultation. Please allow us to assist you to secure your just entitlements.