ARTICLE · 29 MAY 2020

Total And Permanent Disablement: Court Affirms Decision Of SCT

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In Felix v NULIS Nominees (Australia) Ltd [2020] FCA 596, Stewart J upheld a determination of the Superannuation Complaints Tribunal (Tribunal) that an Insurer's decision to decline a TPD claim

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Ganga Narayanan

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In Felix v NULIS Nominees (Australia) Ltd [2020] FCA 596, Stewart J upheld a determination of the Superannuation Complaints Tribunal (Tribunal) that an Insurer's decision to decline a TPD claim on the basis that the Applicant had failed to satisfy either limb of the TPD definition was fair and reasonable.

The decision closely examined the Insurer's reliance on an Earning Capacity Assessment report and other evidence indicating that the Applicant had retained a residual capacity for part-time work, despite being terminated by her employer as a consequence of her injury. The decision diverges from the recent trend by state courts to vitiate decisions of life insurers for failing to take into account the likelihood of a claimant being able to obtain work when considering the second limb of the TPD definition.

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