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PART 1 – Disability Claims and Trustee and Insurer Duties

1 hour 45 mins 2 CPD Hours

PART 1 – Disability Claims and Trustee and Insurer Duties In this first...

PART 2 - Interpreting Insurance Policies and the Insurance Contracts Act

1 hour 57 mins 2 CPD Hours

Focusing on insurance policies and the Insurance Contracts Act, attendees...

PART 3 – Key issues in TPD claims

1 hour 42 mins 2 CPD Hours

The final session in this series covers the principles governing TPD claims -...

PART 2 - Interpreting Insurance Policies and the Insurance Contracts Act

1 hour 57 mins
2 CPD Hours

Masterclass in Insurance Claims Insurance  Operations  Regulation

Focusing on insurance policies and the Insurance Contracts Act, attendees will become familiar with the principles of interpreting insurance policies and knowing when the Act may assist a member’s claim. As an insurer cannot be expected to interpret its own policy in a way that goes against its interests, being able to interpret policies and the Act is fundamental to acting in members’ best interests when processing claims.

This Masterclass covers:

  • What are we looking for in the policy?
  • Where do we start and where do we go?
  • The onus of proof
  • Key rules of construction
  • Do we need to think about anything else?
  • Sections 13 & 14: The duty of utmost good faith
  • Section 47: Pre-existing sickness or disability
  • Section 54: Insurer may not refuse to pay claim in certain circumstances
  • Section 57: Interest on claims.

Published Date: 07 June 2022

Speakers

Stanley Drummond, Partner, Thomson Geer

Stanley Drummond specialises in superannuation, life and general insurance, managed funds, financial planning and financial services regulation.

In 2021 he was awarded the Insurance Law Prize of the Australian Insurance Law Association. This is an annual prize which recognises “a person who has made a substantial contribution to the insurance industry or to insurance law”. Stanley has also been recognised by his peers as one of the Best Lawyers in Australia (2014 – 2022) in Insurance Law and previously was named in Who’s Who Legal as a leading individual within the practice area of Pensions & Benefits worldwide.

Stanley previously held in-house counsel roles at St. George Bank, Vero Insurance, ING Australia and GE Money. He is a regular speaker for AIST and AILA and he is a prolific author on superannuation, insurance and other financial services topics, with articles frequently appearing in the Superannuation Law Bulletin, the Insurance Law Bulletin and the Insurance Law Journal. His article “What is insurance?” is on the reading list for university students studying insurance law.


Holly Marchant, Associate, Thomson Geer

Holly is a lawyer in the Superannuation and Wealth Management team at Thomson Geer.

Holly has been extensively involved in advisory work for the trustees of large APRA-regulated funds. The advisory work has focused on trustee obligations and breach reporting. She has also worked closely on several successor fund transfers.

Holly also has experience in acting for trustees in relation to disability and death benefit claims and complaints, including appeals to the Federal Court.

Holly is a regular presenter at events convened by the Australian Institute of Superannuation Trustees and the Australian Insurance Law Association


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