Recent Cases

Newling v Metlife Insurance Limited [2019] NSWCA 149 (21 June 2019) (Bell P at [1]; Leeming JA at [3]; Emmett AJA at [4])


Catchwords:


INSURANCE – Total and permanent disablement – Whether the insurer acted fairly and reasonably in assessing and determining the Member’s claim – Whether the insurer gave reasons for the determination – Whether there was an obligation for the insurer to give reasons for declining the Member’s claim – Whether the insurer was in breach of its duty and obligations – Whether separate letters sent by the insurer should be treated as separate declinatures.