Green v AMP Life Limited [2005] NSWCA 354

Reported Decision : (2005) 13 ANZ Insurance Cases 90-125

New South Wales Court of Appeal

CITATION: Green v AMP Life Limited [2005] NSWCA 354

HEARING DATE(S): 10 October 2005

JUDGMENT DATE: 14 October 2005

JUDGMENT OF: Spigelman CJ at 1; Giles JA at 2; Basten JA at 3

DECISION: Appeal dismissed with costs.

CATCHWORDS: CONTRACT - life insurance policy - insured suffered mental illness - payments by insurer stopped after 2 years - whether insurance policy had been amended so as to limit payment of benefits to 2 years - whether intent of the parties objectively ascertained was that the variation took effect - whether variation made in accordance with Life Insurance Act (1995) (Cth). - ESTOPPEL - whether insurer estopped from asserting the variation of the policy - whether there was an implied representation that there were no significant limitations or restrictions on payments under the policy. - TRADE PRACTICES - whether insurer's conduct in providing a statement which did not itself refer to the 2 year limitation applying to payments made in relation to a mental illness was misleading or deceptive - whether insurer was in breach of the Trade Practices Act 1974 (Cth) for failing to advise the insured that the insurance policy had been so amended

Life Insurance Act 1945 (Cth) LEGISLATION CITED: Life Insurance Act 1995 (Cth) Trade Practices Act 1974 (Cth)

Australian Mutual Provident Society v Goulden (1986) 160 CLR 330 Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; (2004) 79 ALJR 308 Foran v Wight (1989) 168 CLR 385 Green v AMP Life Limited [2005] NSWSC 370 CASES CITED: Henville v Walker (2001) 206 CLR 459 Legione v Hateley (1983) 152 CLR 406 Masters v Cameron (1954) 91 CLR 353 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387