Folan v United Super Pty Ltd  NSWSC 343
- 19 May 2014
SUPERANNUATION - insurance - claims for benefit - total and permanent disablement - challenge to opinions of insurer and trustee on TPD - duty of trustee and insurer in determining a claim - whether decisions to refuse the claim were invalid
- The plaintiff sues the first defendant (the Trustee) as trustee of a superannuation fund known as the Cbus Industry Superannuation Fund (the Fund), and the second defendant (the Insurer) as insurer of the Fund under a policy of group life insurance (the Policy), claiming an entitlement to benefits for total and permanent disablement (the TPD benefit).
- The plaintiff had been employed in the building and construction industry, principally as a labourer. On 6 March 2009 he was involved in a motor vehicle accident in which he suffered injuries, including significant injury to his left elbow. By reason of these injuries the plaintiff has not returned to work since the accident. Since about 4 December 2009 he has claimed against the Trustee for TPD benefits under the Trust Deed. The Trustee and the Insurer have declined his claim on each occasion. It is common ground that the amount of the benefit in issue is $100,000.