Allianz Australia Insurance Limited v Yu [2024] NSWSC 31 When assessing the seriousness and effect of a claimant’s injury, self-reported symptoms form an integral basis of any expert medical opinion and an insurer’s evaluation of the claim. But what happens when a claimant knowingly exaggerates their symptoms and disabilities? Section 118 of the Motor Accident […]
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Case Note | An error in method alone is not a ‘shaw thing’ on review
Shaw v Insurance Australia Group Limited t/as NRMA Insurance [2023] NSWSC 1273 Introduction In this case, Justice Rothman of the Supreme Court, has identified what is necessary for the President of the Commission (or their delegate) to be satisfied when considering whether a material error has occurred, permitting a review of a medical assessment under […]
Case Note | Procedural fairness requires decision makers to ensure those affected by their decisions are fully aware of relevant distinctions
Amos v AAI Limited t/as GIO [2023] NSWSC 1193 Introduction When deliberating a question or matter which will inform a Review Panel’s decision, to what extent must the Claimant be aware of, and propositioned about, the issue at hand? In Amos v AAI Limited t/as GIO the Supreme Court clarified this duty in circumstances where […]
Cyber Security Awareness Month – Are you cyber aware?
October is Cyber Security Awareness Month (CSAM). CSAM is an annual reminder for Australians to stay safe online and protect your online information and assets. The theme for CSAM 2023 is ‘be cyber aware – don’t compromise’. CSAM is an opportunity for businesses to review their understanding of ‘cyber security’ as a concept while continuing […]
Case Note | Surgery does not, of its own, transform a threshold injury into a non-threshold injury under MAIA
Mandoukos v Allianz Australia Insurance Limited [2023] NSWSC 1023 In Mandoukos v Allianz Australia Insurance Limited the Supreme Court clarifies whether a surgical procedure impacts the nature of an injury; specifically whether it can transform a minor (threshold) injury into a non-minor (non-threshold) injury within the meaning of the Motor Accident Injuries Act 2017. Principles […]
Case Note | Res ipsa loquitor is an inferential reasoning process available to both insurers and claimants
The Supreme Court of NSW provides clarity in IAG Limited t/a NRMA Insurance v Richards regarding the use of inferences, including the doctrine of res ipsa loquitor when determining the issue of fault in motor accident claims. Principles The insurer bears the burden of proof in establishing that a claimant wholly or mostly caused an […]