NSW Caselaw
Reported Decision : (2005) 13 ANZ Insurance Cases 90-123
New South Wales Court of Appeal
CITATION: Hannover Life Re of Australasia Limited v Sayseng [2005] NSWCA 214
HEARING DATE(S): 2 May 2005
JUDGMENT DATE: 23 June 2005
JUDGMENT OF: Spigelman CJ at 1; Santow JA at 2; Tobias JA at 91
DECISION: Appeal dismissed with costs.
CATCHWORDS: INSURANCE - Liability to pay under group life contract held by trustee of retirement fund - Whether the incapacity of the "insured person" satisfied the definition of "total and permanent disablement" as required by the policy - Whether employee the "insured person" - Whether insurer was under a duty of good faith and fair dealing vis-à-vis employee as well as the trustee - Whether if there was such a duty of good faith it was breached so far as the employee was concerned - Basis for extending duty to person not a party to insurance contract who only indirectly benefited from it in that the insurance money funded the trustee's payout to employee and the payout depended on it - Content of duty of good faith where lack of procedural fairness to employee. - CONTRACT - Privity - Incremental extension of Trident principles.
Insurance Contracts Act 1984 s48 LEGISLATION CITED: Superannuation Industry (Supervision) Act 1993
Beverley v Tyndall Life Insurance Co Ltd (1999) WAR 327 C E Heath Casualty & General Insurance Ltd v Grey (1993) 32 NSWLR 25 Chammas v Harwood Nominees Pty Ltd (1993) 7 ANZ Ins Cas 61-175 Cigna Insurance Asia Pacific Ltd v Packer [2000] WASCA 415 Edwards v The Hunter Valley Co-op Dairy Co Ltd (1992) 7 ANZ Ins Cas 61-113 Maciejewski v Telstra Super Pty Ltd [1999] NSWSC 341 CASES CITED: Rapa v Patience (McClelland J, 4 April 1985, unreported) Tonkin v Western Mining Corporation Ltd [1998] 10 ANZ Ins Cas 61-397 Trident General Insurance Co Ltd v McNiece Bros Pty Limited (1988) 165 CLR 107 Verinder v Australian Institute of Steel Construction Ltd (2004) 13 ANZ Ins Cas 61-589 Woodside Petroleum Development Pty Ltd v H & R - E & W Pty Ltd (1999) 20 WAR 380 Wyllie v National Mutual Life Association Ltd (Hunter J, 18 April 1997, unreported)
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