Medical and Scientific: TAL Life guilty of breach of good faith

11 Mar 2021 - Medical and Scientific

Insurer TAL Life breached its duty to act with “utmost good faith” when handling a claim under an income protection policy by a consumer who had been diagnosed with cancer. In a referral to ASIC of a case study in the financial services royal commission, the regulator alleged TAL had avoided the consumer’s policy on the grounds that she had failed to disclose a prior but unrelated medical history. ASIC told the Federal Court this was done without any notice to the consumer of a retrospective investigation into her medical history, or an opportunity to address the insurer’s concerns

The Australian; 11/03/2021; Page 20