King & Wood Mallesons

Asia-Pacific 100 position: 2

Still interested in interest? Another case concerning section 57 ICA

In December 2012 we reported on recent cases concerning section 57 of the Insurance Contracts Act 1984 (Cth) (ICA). In particular, we considered the question: how long is ‘reasonable’ for an insurer to consider a claim and withhold payment?. The recent case of De Smeth v NSW Fire Brigades Superannuation Pty Ltd [2013] NSWSC 19 considered ICA s57 in the context of a total and permanent incapacity claim…

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