Page 19 - Insurance Times July 2021
P. 19

International                                                              News


















         Insurers lose High Court           that ruling in the High Court. Its  learned they will not receive a cent of
                                            application for that appeal was denied.  his life insurance after BT Super
         challenge over business
                                            The ICA's chief executive Andrew Hall  cancelled his policy months before his
         insurance COVID pande-             acknowledged that ruling was a     death - which his family claim was done

         mic payouts                        disappointment.                    without his permission. Under new
                                                                               superannuation laws in 2019,
         Australia's insurance industry has lost  "While we are disappointed, this  insurance providers were required to
         the latest battle in an ongoing "war of  decision on the first test case provides  cancel any accounts which had been
         attrition" between insurers and    us with certainty," Mr Hall said.  inactive for 16 months or longer.
         businesses that want compensation for
         COVID losses.                      Grieving wife in disbelief         Members who wished to keep it were
                                                                               required to either 'opt in' or make a
         Many Australian businesses had a type  when she finds out she         contribution.  BT Super said it sent Mr
         of insurance when the pandemic hit                                    Vajda two emails and a letter before
         that could cover them for losses linked  WON'T be receiving her       cancelling his policy but he did not
         to an interruption to trade.       dead husband's $200,000            respond - a claim his family disputes.

         It is estimated there were roughly  life insurance payout due         The insurance provider said it had no
         250,000 policies of this ilk in Australia                             record of a response and 'will only
         when the pandemic struck with a total  to a loophole                  review the decision if additional
         potential liability of $10 billion.  A grieving wife has been denied her  information comes to light'.
                                            late husband's $200,000 life insurance
         However, the insurance industry claims                                But Mrs Vajda and her husband's
         these policies were never designed to  payout due to a loophole in his policy.  brother Anthony said they found an
         cover business losses due to       Nardia Vajda's life was turned upside  email in Mr Vajda's sent box indicating
         pandemics.                         down when her husband Jeremy, 49,  he responded to the company.
                                            and the father of her two children,
         Last year its lobby group, the Insurance                              'How could anything be in your sent
         Council of Australia, took a test case to  suddenly died from a heart condition  mailbox if you didn't send anything? So
         court to clarify that its members'  on March 25 last year.            he definitely responded to that first
         policies did not cover pandemics.  The couple's 13-year-old son found him  message,' Mrs Vajda said.
         But it lost the case, in a surprise  unconscious in the bathroom moments  Without Mr Vajda's password, they
         judgment that came down to just a  after Mrs Vadja left for work.     cannot access the content of the email
         few technical words related to the  'The first thing I said to Jeremy was  - but they believe it was sent to a do
         repeal of the Quarantine Act and its  ''you told me you would never leave  not reply email address and never
         replacement with a new Biosecurity  me''. But he was gone,' Mrs Vadja told  went through.
         Act.                               A Current Affair.
                                                                               Mrs Vadja said the pain of losing the
         The industry was seeking an appeal of  Now, the heartbroken family have  love of her life 'will never go away', and

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