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:

Insurance News

ACCC Halts IAG's Bid to Acquire RAC WA's Insurance Operations
ACCC Halts IAG's Bid to Acquire RAC WA's Insurance Operations
05 May 2026: Paige Estritori
The Australian Competition and Consumer Commission (ACCC) has recently opposed the proposed acquisition of RAC WA's insurance division by Insurance Australia Group (IAG). This decision stems from concerns that the merger could significantly reduce competition within Western Australia's insurance sector, potentially leading to higher premiums for consumers. - read more
South-West Queensland Councils Explore Community Insurance Mutual to Combat Rising Premiums
South-West Queensland Councils Explore Community Insurance Mutual to Combat Rising Premiums
05 May 2026: Paige Estritori
In response to escalating insurance premiums, with some residents experiencing increases of up to 500%, councils in South-West Queensland are exploring the establishment of a community insurance mutual. This initiative aims to provide more affordable and accessible insurance options for local communities, particularly those in flood-prone areas. - read more
IAG Highlights Climate Change as a Factor in Rising Home Insurance Premiums
IAG Highlights Climate Change as a Factor in Rising Home Insurance Premiums
05 May 2026: Paige Estritori
Insurance Australia Group (IAG) has recently highlighted the impact of climate change on rising home insurance premiums across Australia. The insurer reports that increasingly frequent and severe weather events are contributing to higher costs for homeowners seeking coverage. - read more
ACCC Halts IAG's Bid to Acquire RAC WA's Insurance Division
ACCC Halts IAG's Bid to Acquire RAC WA's Insurance Division
05 May 2026: Paige Estritori
The Australian Competition and Consumer Commission (ACCC) has recently opposed Insurance Australia Group's (IAG) proposed acquisition of the Royal Automobile Club of Western Australia's (RAC WA) insurance division. This decision stems from concerns that the merger would significantly reduce competition within Western Australia's insurance market, potentially leading to higher premiums for consumers. - read more


Business Insurance Articles

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
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
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
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
Professional indemnity:
An insurance that provides cover for liability incurred in the course of exercising a profession.