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ARTICLE · 16 OCTOBER 2024

Internal review determination not binding on insurer

McCabes
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An Insurer is not bound by its Internal Review determination, particularly in the face of new information.

AustraliaInsurance
Peter Hunt
Peter Hunt
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In Brief

  • An Insurer is not bound by its Internal Review determination, particularly in the face of new information.
  • A party is not bound by a WPI assessment conducted by its own qualified doctor where their assessment is flawed in some identifiable way.

Facts

The Personal Injury Commission published its decision in AAI Limited t/as GIO v Leverrier [2024] NSWPIC 548 on 11 October 2024.

The Claimant was injured in a motor accident on 21 August 2020 when his motor bike collided with the Insured vehicle. The Claimant was thrown from his motor bike. His injuries included a partial amputation of the right middle finger and a fracture of the left fifth metacarpal. In addition, the Claimant alleged an injury to his right ankle.

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