Liability Insurance :: News
SHARE

Share this news item!

AFCA Upholds Fair Evaluation in Insurance Claim Dispute

AFCA Upholds Fair Evaluation in Insurance Claim Dispute

AFCA Upholds Fair Evaluation in Insurance Claim Dispute?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

The Australian Financial Complaints Authority (AFCA) has directed MetLife to re-evaluate a policyholder’s income protection claim, focusing on justified interpretations of mental health exclusions.

In a case brought to attention, the claimant, who secured his coverage via superannuation, applied for a $9300 monthly policy intended for a two-year coverage span back in March 2020.

The claimant's struggle began in August 2019 when his general practitioner declared him medically unfit for work due to "significant psychological distress," primarily catalyzed by workplace bullying.

As a recourse, the individual took personal leave in August followed by paternity leave in October of the same year. Although he resumed work in October 2020, he had to suspend his professional engagements again by December.

In September 2021, the claimant submitted a request for income protection benefits, citing an adjustment disorder diagnosed with mixed anxiety and depression as the reason inhibiting his capacity to work.

However, MetLife rejected the claim in July 2022, accusing the claimant of inaccurately representing his medical history. The insurance provider argued that the applicant falsely stated he hadn’t been “diagnosed with or sought medical advice or treatment” for psychological issues at the time of application.

MetLife asserted that the applicant already exhibited psychological distress, hindering his work capability long-term, and had they known, the policy would not have been issued. They determined his stress related symptoms equated “to a psychological condition.”

The claimant countered, maintaining he neither identified with a history of psychological ailments during his application process, nor would a typical person in his context.

AFCA elaborated, saying although the complainant experienced "significant stress in 2019," ordinary perception does not always align stress with a psychological or clinical mental health condition. The inquiry focused on awareness of any conditions at the time, not diagnosis existence.

AFCA highlighted that the treating GP did not insist on mental health assessments commonly expected when symptoms emerge, and the sole "treatment" employed was voluntarily steering clear of the work environment, a decision lacking a formal diagnosis.

They elucidated that “Even if the answers given were not actually true (because with the benefit of hindsight the complainant was in fact suffering from a psychological or mental health condition), the panel accepted a reasonable person in the circumstances would also have reached the same belief as the complainant did.”

Following the conclusion, AFCA mandates MetLife to process and revisit the claimant’s submission and communicate the outcome to Hostplus, the coverage trustee, within a 60-day frame. The original content was reported by the Australian Financial Review.

Published:Friday, 1st Nov 2024
Author: Paige Estritori
Sources

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

NSW Strata Reforms Strengthen Maintenance Compliance Enforcement
NSW Strata Reforms Strengthen Maintenance Compliance Enforcement
19 Mar 2026: Paige Estritori
The New South Wales (NSW) government has introduced a new tranche of strata reforms aimed at enhancing the maintenance and safety of apartment buildings across the state. A key component of these reforms is the proposal to grant NSW Fair Trading the authority to enter any apartment building without a warrant if there are reasonable grounds to believe that the owners corporation is failing to maintain common property adequately. - read more
CHU's 2025 Report Shows Stability in Strata Insurance Premiums Amid Climate and Regulatory Shifts
CHU's 2025 Report Shows Stability in Strata Insurance Premiums Amid Climate and Regulatory Shifts
19 Mar 2026: Paige Estritori
CHU, Australia's leading strata insurance underwriting agency, has released its 2025 State of the Strata Market report, providing a comprehensive analysis of the current state of the industry. The report offers valuable insights into premium movements, the impact of weather events, regulatory developments, and emerging risks affecting strata insurance. - read more
CHU Enhances Strata Insurance Capacity for Larger Developments
CHU Enhances Strata Insurance Capacity for Larger Developments
19 Mar 2026: Paige Estritori
In response to the evolving landscape of strata developments in Australia, CHU, the nation's leading strata insurance underwriting agency, has significantly increased its capacity to underwrite individual strata risks. The agency has raised its maximum single risk capacity to $690 million, a substantial rise from the previous limit of $300 million. This enhancement applies to CHU's strata insurance policies across both residential and commercial properties. - read more
Significant Rise in Australian Home Insurance Premiums
Significant Rise in Australian Home Insurance Premiums
19 Mar 2026: Paige Estritori
Australian homeowners are facing substantial increases in home insurance premiums, with the average premium rising by 16% over the past year, according to a recent report by consumer advocacy group Choice. Notably, insurers such as Kogan, RAC, and Honey have implemented hikes exceeding 30%, placing additional financial strain on policyholders. - read more


Business Insurance Articles

Liability Risks: What Small Businesses in Australia Should Know
Liability Risks: What Small Businesses in Australia Should Know
Welcome to our comprehensive guide on liability risks for small businesses in Australia. The world of business is fraught with challenges, and one often overlooked aspect is the array of potential liabilities that can stifle growth or even lead to catastrophic financial loss. It's crucial for small business owners to grasp the critical role that insurance plays in the protection and longevity of their ventures. - read more
The Essential Guide to Liability Insurance for Freelancers
The Essential Guide to Liability Insurance for Freelancers
Liability insurance is a type of coverage designed to protect you from claims arising out of injuries or damages to other people or property. For freelancers, who often juggle multiple projects and clients, liability insurance can offer a safety net that reduces financial risk and instability. - read more
The Role of Insurance in Protecting Your Small Business Assets
The Role of Insurance in Protecting Your Small Business Assets
In the bustling world of small businesses, the phrase 'expect the unexpected' captures the essence of entrepreneurship. While you can plan for success, unforeseen risks are always lurking around the corner. That's where the importance of insurance comes into play. It acts as a safeguard, protecting the lifeblood of your business against potential perils. - read more
The Importance of a Custom Risk Management Plan: A Guide for Australian Entrepreneurs
The Importance of a Custom Risk Management Plan: A Guide for Australian Entrepreneurs
In the fast-paced world of entrepreneurship, the only constant is change, and with change comes the inherent realm of the unknown – risk. Australian entrepreneurs, much like their international counterparts, operate in dynamic environments where unpredictability is a staple. However, the unique economic, legal, and environmental aspects of Australia demand a more localized understanding of these risks. Acknowledging this unpredictability is the first step towards mitigating potential threats to one's business venture. - read more


Start Here !
Start here!
Cover Amount:
Postcode:

All quotes are provided free and without obligation by a specialist from our national broker referral panel. See our privacy statement for more details.


Knowledgebase
Beneficiary:
The person or entity designated to receive the death benefit from a life insurance policy.