QBE INSURANCE LTD v JANDE [1994] NSWCA 366
The respondent was not prevented from performing all the normal duties of his occupation and, though severely restricted, his disablement was not 'total' as defined by the policy but 'partial'. As a result, compensation under the policy is limited to temporary partial disablement for the relevant period.
- Parties
- Appellant: QBE Insurance Ltd; Respondent: Albert Jande
- Jurisdiction
- Australia
- Judgment Date
- 06 September 1994
- Procedural Posture
- Insurance Appeal / Appeal From District Court Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Policy Construction, Accident and Sickness Insurance, Temporary Total Disablement, Temporary Partial Disablement, Contra Proferentem Doctrine
Case Brief
Summary, issues, holding and outcome
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Parties
QBE Insurance Ltd
Appellant
Albert Jande
Respondent
Procedural Posture
Insurance Appeal / Appeal From District Court Judgment
Legal Issues
- 1 Proper construction of 'temporary total disablement' under an accident and sickness policy
- 2 Whether performance of some normal duties excludes entitlement to total disablement benefits
Ratio Decidendi
The respondent was not prevented from performing all the normal duties of his occupation and, though severely restricted, his disablement was not 'total' as defined by the policy but 'partial'. As a result, compensation under the policy is limited to temporary partial disablement for the relevant period.
Court Disposition
Appeal allowed
Orders
- Appeal allowed
- Judgment and order, other than the order dismissing the cross claim and the order for costs, of Associate Judge Patten of 26 September 1991 set aside
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