Ingham v ACN 000 333 844 Ltd (In Liq) (formerly known as Australian Casualty & Life Ltd) & Ors [2006] NSWCA 63

Ingham v ACN 000 333 844 Ltd (In Liq) (formerly known as Australian Casualty & Life Ltd) & Ors [2006] NSWCA 63

The term 'disorder' as used in the policy and its special conditions includes a condition resulting from traumatic injury, such as the one suffered by Mr Ingham. Therefore, the special condition limiting benefits applies to his disability, and there is no ambiguity warranting the application of the contra proferentem principle.

Jurisdiction
Australia
Judgment Date
03 April 2006
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
Leave to appeal refused
Legal Topics
['income Protection Policy' 'policy Construction' 'special Condition' 'disability' 'disease or Disorder']
['insurance Law'] ['income Protection Policy' 'policy Construction' 'special Condition' 'disability' 'disease or Disorder']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether 'disorder' in the policy includes a condition resulting from traumatic injury" 'Whether the special condition limits benefits for disability caused by such injury' 'Whether the contra proferentem principle applies']

Ratio Decidendi

The term 'disorder' as used in the policy and its special conditions includes a condition resulting from traumatic injury, such as the one suffered by Mr Ingham. Therefore, the special condition limiting benefits applies to his disability, and there is no ambiguity warranting the application of the contra proferentem principle.

Court Disposition

Leave to appeal refused

Orders

  • ["Claimant ordered to pay the insurer's costs"]