Ellis v TAL Life Ltd [2019] NSWDC 259

District Court New South Wales

Medium Neutral Citation: Ellis v TAL Life Ltd [2019] NSWDC 259 Hearing dates: 31 May 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: Verdict and judgment for the Plaintiff. Catchwords: INSURANCE – medical catastrophe benefit – interpretation of life threatening non-cancerous tumour in the brain – assessment of whole person impairment – whether both physical and psychiatric conditions go to such an assessment Legislation Cited: Insurance Contracts Act 1984 (Cth) s 57 Cases Cited: Ashmere Cove Pty Ltd v Beekink [2009] FCA 564 Comcare v Amorbieta [1996] FCA 312 Kooragang Cement Pty Ltd v Bates (1994) 35 NSWLR 452 Tower Australia v Farkas [2005] NSWCA 363 Texts Cited: N/A Category: Principal judgment Parties: Rodney Graeme Ellis (Plaintiff) TAL Life Ltd (Defendant) Representation: Counsel: Mr R.Cavanagh SC with Mr T.Willis (for the Plaintiff) Mr W. Reynolds (for the Defendant)

Solicitors: Somerville Laundry Lomax HWL Ebsworths File Number(s): 18/96600 Publication restriction: N/A

Judgment 1. This is a case where a the Plaintiff policy holder Mr Ellis unsuccessfully claimed on an major catastrophe insurance policy with the Defendant consequent to contracting a benign brain tumour. Although the Defendant accepts that the Plaintiff does indeed have a benign brain tumour that is seriously debilitating, it denies indemnity asserting that this particular tumour does not fit within the policy definition benign brain tumour