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Are you aware of your rights when it comes to making a claim for insured benefits attached to your superannuation? If the answer is no, you're not alone. Here we have answered some of the most common questions related to TPD.
TPD insurance cover explained
Many people don't realise that along with the money their employer contributes to super on their behalf, they may also have insurance cover for what is known as Total and Permanent Disablement (TPD). If you have had to cease working as a result of an illness or injury then you may be entitled to claim these benefits.
These benefits are paid in a lump sum and are usually several times your account balance and can run into hundreds of thousands of dollars.
What happens if I have a number of different superannuation funds?
If you are a member of different funds, you may also have insurance cover under each of these funds and have the potential to make multiple claims. At Firths we investigate these claims on your behalf to see if you do have this cover.
What if my claim is declined?
Some people are also daunted by the prospect of challenging the decision of the insurer once their claim has been declined. Unfortunately, this is what the funds and insurers rely on. At Firths we also handle declined claims and challenge these decisions.
We have built up a successful practice in prosecuting disability insurance claims. These successes have resulted in obtaining a decision from the superannuation fund and its insurer in a timely manner to pay out a client's claim, or to proceed to a court hearing in appropriate circumstances.
We have a proven track record
We have built up an enviable reputation as the leading firm, as recognised by insurers in this area. As a consequence of our leading judgments and expertise, this results in obtaining decisions from the superannuation funds and their insurer in a timely manner to pay out our client claims, or to proceed to a court hearing in appropriate circumstances. Please find some of our leading judgments below:
- Sayseng v Kellogg Superannuation Pty Ltd Anor  NSWSC 945 (Bryson J)
- Hay v Total Risk Management Pty Ltd  NSWSC 94
- Hannover Life Re of Australasia v Sayseng  NSWCA 214
- Nile v Club Plus Superannuation Pty Ltd & Anor  NSWSC 55 (Brownie, J)
- Weber v Tiss Pty Ltd & Ors  NSWSC 67
- Sayseng v Kellogg Superannuation Pty Ltd Anor  NSWSC 583;  NSWSC 857
- Bottrell v National Mutual Life  NSWSC 458
- Halloran v Harwood Nominees Pty Ltd & Anor  NSWSC 913 (Brereton, J)
- Triffitt v AustralianSuper  NSWSC 1167
- Phillips (nee Durand) v Tower Australia Ltd  NSWSC 1047
- Tuftevski v Total Risk Management Pty Ltd  NSWSC 315; (No 2)  NSWSC 1021
- Gilberg v Maritime Super Pty Ltd  NSWCA 325
- Nino v MLC Limited  NSWSC 400
- Apostolovski v Total Risk Management  NSWSC 1451
- Summers v National Mutual Life Association Australasia  TASSC 69
- Sharp v Maritime Super Pty. Limited  NSWC1350
- Aldridge v Hannover Life RE  NSWDC
- Folan v United Super Pty Ltd  NSWSC 343
- Shuetrim v FSS Trustee Corporation  NSWSC 464
- Carroll v United Super Pty Ltd  NSWSC 403. Slattery J. 4.4.18
- Folmer v VicSuper Pty Ltd & Anor  NSWSC 1503