NSW Caselaw
New South Wales Supreme Court
CITATION : Annette v The National Mutual Life Association of Australasia Ltd [2008] NSWSC 1288
HEARING DATE(S) : 29 September 2008
JUDGMENT DATE : 4 December 2008
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Plaintiff entitled to part of the claims and refund of premiums.
CATCHWORDS : INSURANCE [11]- Insured plaintiff makes numerous claims under income protection policy- Defendant insurer paid some claims but not others- Clause 15 of the policy provides that the policy automatically ends within its 12 month operation period if insured is no longer employed in full-time paid work- Defendant continued to accept renewal premiums after the plaintiff had ceased full-time work- Held that no claim is payable after such time but premiums ought to be refunded.
CATEGORY : Principal judgment
PARTIES : Edwin Annette (P) The National Mututal Life Association of Australasia Ltd (D)
FILE NUMBER(S) : SC 5755/03
COUNSEL : Plaintiff in person R A Cavanagh (D)
SOLICITORS : Plaintiff in person Turkslegal (D)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
YOUNG CJ in EQ
Thursday 4 December 2008
5755/03 – ANNETTE v THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LTD JUDGMENT 1 HIS HONOUR: The plaintiff sues for money allegedly due under an income protection policy which he took out with a company then known as Australian Casualty and Life Ltd on 7 June 2000. 2 That company went into liquidation and it is pleaded that on or about 29 November 2000, the company's assets and business were transferred to The National Mutual Life Association of Australasia Ltd ("NMLA") on the basis that NMLA would hold Australian Casualty and Life Ltd indemnified in respect of any judgment or award against it. 3 Counsel inform me that by virtue of a scheme under Part 9 of the Life Insurance Act 1999 (Cth), the Federal Court made an order which had that effect. No one gainsays the effectiveness of that order in the present case. 4 The policy which the plaintiff took out was called a "Seniorguard". It provided for income protection against accident and sickness for one year with a 30 day waiting period. 5 The wording of the policy under the heading Part B read as follows:
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