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

Federal Court Denies Truck Driver's Insurance Appeal
Federal Court Denies Truck Driver's Insurance Appeal
25 Feb 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
Heightened Road Risks Amid Holiday Freight Traffic Surge
Heightened Road Risks Amid Holiday Freight Traffic Surge
25 Feb 2026: Paige Estritori
As the Australian summer holidays approach, insurers and transport specialists are raising alarms about increased road risks due to the convergence of peak freight activity and heightened passenger vehicle travel. This period traditionally sees a surge in both freight movements and family road trips, leading to congested roads and a higher potential for accidents. - read more
InfoAgent Launches Advanced Vehicle Data Services for Heavy Trucks
InfoAgent Launches Advanced Vehicle Data Services for Heavy Trucks
25 Feb 2026: Paige Estritori
Australian vehicle data provider InfoAgent has unveiled two innovative services designed to deliver accurate and detailed information for heavy commercial trucks and trailers. These services aim to address critical challenges in industries such as insurance, roadside assistance, fleet management, and logistics by simplifying processes and enabling better decision-making. - read more
Rising Insurance Premiums: A Growing Concern for Australians
Rising Insurance Premiums: A Growing Concern for Australians
25 Feb 2026: Paige Estritori
In recent times, Australian consumers have been grappling with substantial increases in insurance premiums, prompting widespread concern and scrutiny. Reports indicate that some policyholders have experienced premium hikes ranging from 30% to 50%, with certain cases witnessing even more significant surges. This trend has raised questions about the affordability and transparency of insurance pricing in the country. - read more


Business Insurance Articles

How to Choose the Right Public Liability Insurance for Your Business
How to Choose the Right Public Liability Insurance for Your Business
Public liability insurance is a key consideration for business owners in Australia. This type of insurance helps protect businesses against claims made by third parties for injuries or property damage. But what exactly does it do? In simple terms, public liability insurance covers legal costs and expenses, as well as any damages awarded, if your business is found liable for an incident. - read more
Professional Indemnity vs Public Liability: What's the Best Choice for Your Small Business?
Professional Indemnity vs Public Liability: What's the Best Choice for Your Small Business?
As a small business owner, understanding the intricacies of liability insurance is pivotal to safeguarding the fruit of your hard work. Insurances such as professional indemnity and public liability are not just safety nets; they are vital components that can mean the difference between bouncing back and closing down following unforeseen legal hurdles. - read more
The Cost of Public Liability Coverage: Is It Worth It?
The Cost of Public Liability Coverage: Is It Worth It?
Public liability insurance is a crucial safety net for both businesses and individuals, providing protection against the financial fallout from claims of injury or damage that your business operations might cause to third parties. This type of insurance is designed to cover legal and compensation costs, safeguarding you from unexpected financial burdens. - read more
Understanding Liability Insurance: A Must-Read for Australian Small Business Owners
Understanding Liability Insurance: A Must-Read for Australian Small Business Owners
Liability insurance is a form of insurance designed to offer protection against claims resulting from injuries and damage to people or property. It covers legal costs and any payouts for which the insured party would be responsible if found legally liable. Intended to protect against claims resulting from injuries and damage to other people or property, liability insurance is critical for small businesses as it shields them from potentially crippling legal expenses. - 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
Trauma Insurance:
An insurance that pays a lump-sum amount on the diagnosis of one of several critical illnesses or events