Ziogos v FSS & Metlife [2015] NSWSC1385 (Equity)

by Philip Scroope Comment Closed
This summary is about this question: 1. Whether the insurer MetLife had acted with the utmost good faith in the consideration of the TPD claim; and 2. What does “unlikely” mean? Within the definition (§) of the TPD policy ie whether the insured was “unlikely to ever engage in any gainful profession for which she is suited by education, training or experience”. The case clarifies what “unlikely” means. Ziogos v FSS & Metlife [2015] NSWSC1385 (Equity) NSW Supreme Court Justice Ball This is a case involving a NSW Police Officer, her psychological injury and her claim for a TPD benefit.  The TPD claim sought both a Basic Benefit and also a special benefit called a PBRI (Police Blue Ribbon Insurance benefit). The main issues in this case are: 1. Did the insurer MetLife act with the utmost good faith in the consideration of the claim; and 2. What “unlikely” means within the definition (§) of the TPD policy ie whether the police officer was “unlikely to ever engage in...
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Halloran v Harwood [2007] NSW SC

by Philip Scroope Comment Closed
This summary is about this question: 1. Will re-training into a new job after a serious injury prevent you from getting a Total & Permanent Disability benefit? Halloran v Harwood [2007] NSW SC NSW Supreme Court Justice Brereton Generally a substantive part-time and full-time employment would exclude the possibility of obtaining a TPD benefit. However there are cases which indicate that a person who has been very badly injured, but later takes up a completely different job, may still get the TPD benefit, because they cannot go back to their former job, or to a job for which they were reasonably qualified by reason of their education training and experience. One such case is the case of Halloran v Harwood [2007] NSW SC decided by  Brereton J. Mr Halloran was injured in his job where he had responsibilities for greasing machinery. He couldn’t do his job, and he made a TPD claim. After his injury, in fact in the year following injury and for the following 2 years, he...
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Casey vs Pel-Air Aviation Pty Ltd

by Philip Scroope Comment Closed
This summary is about: 1. Is PTSD also a physical injury even though it is generally considered to be a psychological injury? 2. When injured on an aircraft, what are the passenger’s rights? This a review of the important recent decision from the NSW Supreme Court: Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd NSW Supreme Court Justice Schmidt Decision: 15 May 2015. This disturbing case has everything. It has remote holiday locations in the South Pacific, miles of ocean, hot tubs (for experts in Court), a tragic air crash and a rescue mission where the rescuers ultimately needed rescuing. The Warsaw Convention (1929) serves a number of purposes including compensation to airline passengers for injury and for loss of freight. International air carriage is regulated by agreements between nations and is managed by the International Civil Aviation Organisation (ICAO). That Convention was amended by the Montreal Convention in (1999) which tightened up the rules in relation to compensation to passengers and for loss of...
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Birdsall v Motor Traders Association of Australia Superannuation Fund

by Philip Scroope Comment Closed
Reasonably qualified by education training or experience What does ‘reasonably qualified by education training or experience’ mean? When is a person ‘reasonably qualified’ from their prior ‘education training or experience’? Another recent important case from the NSW Court of Appeal is Birdsall v Motor Traders Association of Australia Superannuation Fund [2015] NSW CA 104; Basten Meagher & Gleeson JJA. This is a majority decision on an appeal from decision of Justice Hallen. MTAA was the superannuation fund Trustee and the insurer is MetLife. This case serves as an example of what it means, despite an injury stopping a worker from doing his normal job, to still be qualified for work, by reason of the workers prior education, training or experience. The definition [39] under consideration in the case is typical. In Mr Birdsall’s case the definition in the superannuation deed, required to be satisfied to get the TPD benefit, “As a result of injury or illness, he/ she has been unable to work for an initial...
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