Life & Disability

Life, disability and accident and health claims are highly emotional and require a level-headed understanding of the law, particularly in the areas of partial and total disability and death. Our Life and Disability team has advised on indemnity and liability policy issues across both major and catastrophic injury claims and defended life and disability insurers under both group and individual policies.

Life, disability and accident and health claims are highly emotional and require a level-headed understanding of the law, particularly in the areas of partial and total disability and death. Our Life and Disability team has advised on indemnity and liability policy issues across both major and catastrophic injury claims and defended life and disability insurers under both group and individual policies.

Our claims experience covers accidents, casualty, disability, disease v pre-existing conditions, group health plans, health, living benefits, travel and medical evacuation, failure to disclose pre-existing medical conditions, failing to complete proposal forms, fraud, total and permanent disability, fitness for own or any occupation and policy cancellation.Having extensive experience in mediation, arbitration and alternative dispute resolution methods, our areas of specialties include:

  • Assessment of claims under owner occupation or any occupation clauses
  • Recurrent disability
  • Rehabilitation clauses
  • Limitation periods
  • Relief from forfeiture
  • Disputed claims to life insurance proceeds
  • Many other issues involving contract interpretation.

Our Life and Disability team frequently steer clients to satisfactory outcomes on both routine and complex disputed claims surrounding disclosures at policy proposal time, interpreting policy wordings, structuring and writing policies, policy responses to indemnity, liability, quantum, contribution and recoveries.

Recent examples in which our Life and Disability team have advised their clients include:

  • Top up policies or additional benefit policies for employees and advising on the scope of policies and coverage issues for extra territorial employees
  • Travel policy wordings in a claims context for example we are presently involved in recovery proceedings in Canada
  • A wide variety of health conditions which are likely to arise under a company’s Health policies
  • An industry superannuation fund in relation to numerous disputed total permanent disability claims.

Curwoods has the expertise to provide a high quality of service which is both accurate and timely and with a view to resolution of matters through alternative dispute resolution wherever possible.

Our senior team members include:

Paul Garnon

Partner
B.Com (Finance) (University of NSW) 1991 / LLB (University of NSW) 1991

Michael Poulos

Partner
Dip Law (LPAB) 1997

Disclaimer

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