Success Stories- Volume #5

Total and Permanent Disablement Insurance Claim

Travis lost his son in a serious motor vehicle accident in 2012. At that time, Travis had contributed through his salary to multiple superannuation funds which provided for Total and Permanent Disablement (TPD) insurance. Following the tragic death of his son, Travis ceased working and has never been able to return to any type of employment, suffering from major depression and anxiety. At the time of Travis’ son’s death, he was in between jobs. The insurer attempted to rely upon this for the purpose of declining Travis’ claim. The insurer argued that at the time Travis was effectively unemployed and therefore did not meet the policy definitions of activities of daily living, necessary for a successful claim. We were able to argue and make representations to establish Travis’ employment criterion and that he had in fact accepted a new position, and signed an employment contract, at the time of the tragic accident. The insurer, following vigorous persuasion on our part, accepted the claim and made payment to Travis of the benefits to which he was entitled.

- Lee Hagipantelis Principal of Brydens Lawyers