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

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

NSW Implements Transparency Reforms to Streamline Strata Insurance Claims
NSW Implements Transparency Reforms to Streamline Strata Insurance Claims
07 Jun 2026: Paige Estritori
New South Wales has introduced transparency reforms in the strata sector aimed at improving governance and reducing disputes in insurance claims. These reforms address issues such as high premiums and opaque fees, fostering a more transparent and efficient strata management environment. - read more
ASIC Calls on Insurers to Enhance Cyber Security in Response to AI Threats
ASIC Calls on Insurers to Enhance Cyber Security in Response to AI Threats
07 Jun 2026: Paige Estritori
The Australian Securities and Investments Commission (ASIC) has issued a stark warning to the insurance sector, emphasising the urgent need to strengthen cyber defences in light of escalating threats posed by artificial intelligence (AI). In a recent open letter, ASIC Commissioner Simone Constant highlighted that the advent of advanced AI technologies has fundamentally altered the cyber threat landscape, necessitating immediate and decisive action from insurers. - read more
Comprehensive All-Risk Insurance Now Available for Large-Scale Australian Farms
Comprehensive All-Risk Insurance Now Available for Large-Scale Australian Farms
07 Jun 2026: Paige Estritori
In a significant development for Australia's agricultural sector, Harland Green, a newly established Lloyd's coverholder, has unveiled an all-risk farm insurance package specifically designed for large commercial farming operations. This initiative aims to address the complex and evolving needs of the agricultural industry by offering comprehensive coverage that encompasses various aspects of farm operations. - read more
Strategic Insurance Planning Essential for Australian Farmers Facing Rising Premiums
Strategic Insurance Planning Essential for Australian Farmers Facing Rising Premiums
07 Jun 2026: Paige Estritori
With Australian farm incomes under pressure and insurance premiums rising by up to 40% in some regions, agricultural leaders are urging producers to move away from a 'set and forget' mentality. In today's climate, being strategic with your insurance is no longer just a recommendation-it is a vital business necessity. - read more


Business Insurance Articles

Public Liability Insurance Claims: What to Expect and How to Prepare
Public Liability Insurance Claims: What to Expect and How to Prepare
When it comes to navigating the complex waters of insurance, understanding public liability insurance claims is crucial for businesses and individuals alike. Public liability insurance serves as a safeguard, protecting against the financial repercussions that arise from accidents or injuries that occur on your premises or through your operations. In this introductory section, we will delve into the essence of public liability insurance and underline its significance. - read more
Critical Risk Management Strategies for Every Australian Tradesman
Critical Risk Management Strategies for Every Australian Tradesman
Welcome to the crucial world of risk management for Australian tradesmen. Whether you're a seasoned professional or just starting, understanding and mitigating the inherent risks in the trades industry is paramount to both the safety and sustainability of your business. This article intends to guide you through the world of risk management, emphasizing the pivotal role of liability insurance. - read more
Freelancer or Employee? Understanding the Difference and the Liability Implications
Freelancer or Employee? Understanding the Difference and the Liability Implications
The contemporary business landscape in Australia is witnessing a significant shift towards the gig economy, with a growing number of professionals opting for the flexibility and autonomy that freelancing offers. This trend has not only revolutionized the way work is performed but has also introduced new dynamics in the legal distinctions between freelancers and traditional employees. - read more
How to Lower Public Liability Insurance Premiums Without Sacrificing Coverage
How to Lower Public Liability Insurance Premiums Without Sacrificing Coverage
In the ever-evolving landscape of Australian commerce, business insurance stands as a crucial bulwark, safeguarding enterprises against unforeseen financial perils. Recognizing this, our in-depth exploration begins with an overview of the monumental role business insurance plays for Australian companies, both large and small. It's a cornerstone for risk management, providing business owners with peace of mind as they navigate the intricacies of their industries. - read more


Start Here !
Start here!
Cover Amount:
Postcode:

All quotes are provided obligation-free by a participating broker from our national referral partner network. We respect your Privacy.


Knowledgebase
Indemnity:
A legal principle that stipulates that insurance policies should restore the insured to the financial position they were in before the loss.