Recent Cases

Murphy, McCarthy & Associates Pty Limited t/as MMA Civil Contractors (Subject to Deed of Company Arrangement) v Zurich Australia Limited [2025] NSWCA 131 (16 June 2025) (Ward P, Mitchelmore and Ball JJA)


Catchwords:


INSURANCE – policy for life and total and permanent disability (TPD) cover – where life insured provided services to appellant as a construction manager and project supervisor – where life insured undertook hip replacement – where appellant made claim for TPD under policy – meaning of “Own Occupation” under policy – whether primary judge erred in construing “Own Occupation” – no error

EVIDENCE – whether primary judge erred in finding the life insured exaggerated his evidence – whether primary judge failed to give adequate weight to expert and documentary evidence – no error