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
Source: Paige Estritori

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

Share this news item:

Insurance News

WA Transport Sector Pushes for Enhanced Truck Licensing Standards
WA Transport Sector Pushes for Enhanced Truck Licensing Standards
05 Mar 2026: Paige Estritori
Western Australia's transport industry is urging the state government to implement more stringent heavy vehicle licensing requirements, aiming to bolster road safety and address concerns over inexperienced drivers operating large trucks. This initiative follows South Australia's recent reforms, which introduced tougher conditions for obtaining multi-combination (MC) licenses. - read more
Heightened Road Risks as Holiday Travel Meets Freight Surge
Heightened Road Risks as Holiday Travel Meets Freight Surge
05 Mar 2026: Paige Estritori
As the Australian summer holidays approach, a significant increase in road traffic is anticipated, coinciding with peak freight activity. This convergence raises concerns about heightened road risks, prompting insurers and transport specialists to issue warnings to motorists. - read more
Federal Court Denies Truck Driver's Insurance Appeal
Federal Court Denies Truck Driver's Insurance Appeal
05 Mar 2026: Paige Estritori
In a recent legal development, the Federal Court of Australia dismissed an appeal by Bradley Henschke, a logging truck driver, concerning his insurance claim against the Australian Retirement Trust. The court's decision, delivered on February 12, 2026, underscores the critical importance of active insurance coverage for workers in high-risk occupations. - read more
Navigating Rising Premiums and Cybersecurity Threats in Australia's Insurance Sector
Navigating Rising Premiums and Cybersecurity Threats in Australia's Insurance Sector
05 Mar 2026: Paige Estritori
In 2026, Australia's insurance industry is grappling with significant challenges, notably escalating premiums and increasing cybersecurity threats. These issues have prompted insurers to reassess their strategies to maintain profitability and customer trust. - read more


Business Insurance Articles

Understanding Product Liability Insurance in Australia: A Business Owner's Guide
Understanding Product Liability Insurance in Australia: A Business Owner's Guide
As a business owner in Australia, navigating the complexities of protecting your company is crucial, with product liability insurance being an essential aspect to consider. This type of insurance is designed to shield businesses from financial losses that may arise if a product they manufacture, supply, or sell causes harm to a consumer or damages property. - 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
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


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
Underwriting:
The process by which an insurer determines the risk of insuring a client and decides the terms of coverage.