Ziogos v FSS Trustee Corporation as Trustee of the First State Superannuation Scheme [2015] NSWSC 1385

Ziogos v FSS Trustee Corporation as Trustee of the First State Superannuation Scheme [2015] NSWSC 1385

MetLife breached its duty of utmost good faith by unreasonably concluding, on the material available to it, that Ms Ziogos was not totally and permanently disabled; the evidence did not support that she had the capacity to work and contrary views were speculative. Therefore, Ms Ziogos is entitled to a declaration and payment in respect of her TPD claim.

Parties
Plaintiff: Anastasia Ziogos; First Defendant: FSS Trustee Corporation as Trustee of the First State Superannuation Scheme (ABN 11 118 202 672); Second Defendant: MetLife Insurance Limited
Jurisdiction
Australia
Judgment Date
23 September 2015
Procedural Posture
Civil / Final Judgment After Hearing
Outcome
Judgment for plaintiff. Declaration of total and permanent disablement. Orders for payment to trustee and directions for parties to bring in minutes of order.
Legal Topics
Total and Permanent Disablement, Superannuation, Duty of Utmost Good Faith, Psychiatric Impairment
Insurance Law Equity Total and Permanent Disablement Superannuation Duty of Utmost Good Faith Psychiatric Impairment

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Parties

Anastasia Ziogos

Plaintiff

FSS Trustee Corporation as Trustee of the First State Superannuation Scheme (ABN 11 118 202 672)

First Defendant

MetLife Insurance Limited

Second Defendant

Procedural Posture

Civil / Final Judgment After Hearing

Legal Issues

  1. 1 Whether MetLife breached its duty of utmost good faith in declining Ms Ziogos’s TPD claim
  2. 2 Whether MetLife could reasonably have concluded that Ms Ziogos was not totally and permanently disabled within the meaning of the policies
  3. 3 Whether Ms Ziogos was unlikely ever to engage in any gainful profession for which she is suited by education, training or experience

Ratio Decidendi

MetLife breached its duty of utmost good faith by unreasonably concluding, on the material available to it, that Ms Ziogos was not totally and permanently disabled; the evidence did not support that she had the capacity to work and contrary views were speculative. Therefore, Ms Ziogos is entitled to a declaration and payment in respect of her TPD claim.

Court Disposition

Judgment for plaintiff. Declaration of total and permanent disablement. Orders for payment to trustee and directions for parties to bring in minutes of order.

Orders

  • Declaration that Ms Ziogos suffered from total and permanent disablement within the meaning of the policies.
  • Order that MetLife pay to FSS Trustee Corporation the sum of $935,865 in respect of Ms Ziogos’s claim.