Life insurance claims are unique with their own provisions under the Insurance Contracts Act and the development of their own area of case law.

McInnes Wilson Lawyers is one of the few Queensland, and indeed Australian, firms that specialise in life insurance.

Our long involvement in life insurance risk products has allowed us to grow concurrently with the revolution that has taken place in the life insurance industry. This has enabled us to appreciate and anticipate our clients’ needs.

Expertise

Our Life Insurance team has a unique understanding of the life insurance industry. We understand the importance of practical advice that considers all of the evidence available, particularly when litigation is involved. We also appreciate the significance of the long-term relationships between our clients, agents, and insureds.

Our expertise lies in the areas of:

  • Claims litigation
  • Group products and claims
  • Advice on policy interpretation
  • Non disclosure and misrepresentation both fraudulent and innocent
  • Drafting agency agreements
  • Providing advice on the Insurance Contracts Act

Experience

Our life insurance team’s recent experience includes:

  • Defending litigated TPD claims where the plaintiff does not accept the insurer’s decision to decline a claim.
  • Negotiating an early “walk away and bear own costs” settlement in a TPD matter where there were eligibility issues.
  • Acting for an insurer in an income protection claim where the issue was whether the plaintiff was “working” as defined by the policy.
  • Acting in matters where the illness claimed by the plaintiff is chronic fatigue syndrome and depression and we are aware that these are of particular concern to clients.
  • Defending claims based on non disclosure and misrepresentation and fraudulent non disclosure and misrepresentation.
  • Negotiating resolutions not only of litigated claims but also buy outs of policies ensuring that there is finality for our client.
  • Acting in matters where consideration has had to be given to whether or not to join the agent.
  • Defending claims based on policy interpretations.