Triffitt v Australiansuper [2007] NSWSC 1167

Triffitt v Australiansuper [2007] NSWSC 1167

A reasonable period for the insurer to assess the claim expired on 12 May 2001, the date the claim was rejected; thus, interest on the benefit payment runs from that date in accordance with s57 of the Insurance Contracts Act 1984 (Cth).

Parties
Plaintiff: Michael Triffitt; First Defendant: Australiansuper Pty Ltd; Second Defendant: Colonial Mutual Life Assurance Society Limited
Jurisdiction
Australia
Judgment Date
18 October 2007
Procedural Posture
Insurance Benefits Claim / Judgment
Outcome
Interest on the TPD benefit of $95,400 payable from 12 May 2001 under s57 Insurance Contracts Act (Cth); further submissions on costs to be scheduled.
Legal Topics
Accident and Sickness Insurance, Interest on Insurance Claims, Total and Permanent Disablement, Payment of Disability Benefits
Insurance Law Superannuation Law Accident and Sickness Insurance Interest on Insurance Claims Total and Permanent Disablement Payment of Disability Benefits

Case Brief

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Parties

Michael Triffitt

Plaintiff

Australiansuper Pty Ltd

First Defendant

Colonial Mutual Life Assurance Society Limited

Second Defendant

Procedural Posture

Insurance Benefits Claim / Judgment

Legal Issues

  1. 1 Determination of the date from which interest should run under s57 of the Insurance Contracts Act 1984 (Cth) for payment of total and permanent disablement benefit
  2. 2 Whether the insurer acted unreasonably in withholding payment of the benefit
  3. 3 Whether a reasonable period for assessment of the claim expired prior to rejection of the claim

Ratio Decidendi

A reasonable period for the insurer to assess the claim expired on 12 May 2001, the date the claim was rejected; thus, interest on the benefit payment runs from that date in accordance with s57 of the Insurance Contracts Act 1984 (Cth).

Court Disposition

Interest on the TPD benefit of $95,400 payable from 12 May 2001 under s57 Insurance Contracts Act (Cth); further submissions on costs to be scheduled.

Orders

  • Interest to be paid on TPD benefit from 12 May 2001 as per s57 Insurance Contracts Act 1984 (Cth).