Halloran v Harwood Nominees Pty Ltd & Anor [2007] NSWSC 913 (Brereton, J)
- Recent Decision
- 01 Apr 1999
SUPERANNUATION – benefits for disablement – where benefits insured under group life policy – “total and permanent disablement” – “disablement from further employment” – whether trustee addressed correct question – date of assessment – whether insurer took into account irrelevant considerations – whether employment for which employee became suited only by subsequent retraining is relevant employment – what constitutes “total and permanent disablement”
Decision:
Trustee’s decision void for addressing incorrect question. Insurer’s decision void for irrelevant consideration. Court’s decision that member was totally and permanently disabled within meaning of policy substituted for insurer’s decision. Order that insurer pay sum insured to trustee and trustee thereupon remit to plaintiff.
Court’s decision that member was totally and permanently disabled within meaning of policy substituted for insurer’s decision. Order that insurer pay sum insured to trustee and trustee thereupon remit to plaintiff.
Link to Halloran v Harwood Nominees Pty Ltd & Anor [2007] NSWSC 913