LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Allianz Workers Compensation Policy

Discussion in 'Insurance Law Forum' started by DACOAT, 26 October 2014.

  1. DACOAT

    DACOAT Member

    Joined:
    26 October 2014
    Messages:
    2
    Likes Received:
    0
    My self employed son in law shopped around for a Workers Compensation Policy. He went with Allianz initially (cover note period) but decided to go with a another company and signed up with them and paid. Now Allianz is suing for $5,000.00 claiming they had him covered for the past 12 months.

    Im not sure, but I doubt he got back to Allianz to tell them no, but surely if they received no payment, no policy?

    He has never made a claim. They moved a few months ago, obviously not thinking they needed to tell Allianz their new address, and the Sheriffs turned up at their old address (mine).

    So can Allianz claim this money with no signature and the policy not paid by the due date?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Dear Dacoat,

    Are they 'suing' for the premium for the previous year? This seems odd. If he hasn't paid the premiums then I would have thought there is no policy, as the contract would not have been complete without payment. Had he tried to claim on that policy I very much doubt they would have paid out a claim, most insurer's won't pay a claim even if you are 14 days overdue on a periodic payment. From a contractual point of view I would think that by his non payment of the premium, he either did not accept the offer made by Allianz by the issue of the quote and cover note, or if an agreement was in place, that he repudiated that agreement (i.e. demonstrated that the did not consider himself bound by the agreement) by failing to pay. This would have brought the contract to an end. You could probably also say that there was a total failure of consideration, as your son in law gained nothing for the $5000. If they alleged that he had coverage for the previous 12 months, he can argue that had he made a claim it would not have been honoured by Allianz because no premium payment was made.

    I would recommend calling Allianz and pointing out the above and just tell them there is no way you are paying it. I would also contact the financial ombudsman service www.fos.org.au. They can help you resolve a dispute like this.
     
  3. DACOAT

    DACOAT Member

    Joined:
    26 October 2014
    Messages:
    2
    Likes Received:
    0
    Thank you Sophea
    I totally forgot about the Ombudsman avenue. Appreciate your help. I'll post back with the outcome. cheers.
     

Share This Page

Loading...