- Australia's #1 Legal Community 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 Life Insurance and TPD Insurance Policy Taken Over the Phone

Discussion in 'Insurance Law Forum' started by Kirstyb, 19 December 2015.

Find a Lawyer Form
Find a Lawyer Form
Find a Lawyer Form
  1. Kirstyb

    Kirstyb Member

    19 December 2015
    Likes Received:
    Hi guys,

    My partner took out a Term Life Insurance Policy over the phone with a TPD insurance and 'Living' Insurance bundle (or so he believes) back in 2013. He was sent the policy documents at the time. Unfortunately, he can't find the policy and fears it may have been thrown out. He did not receive an email with documents attached either.

    At the time of taking out the policy, he requested one of their top covers ($1 Million in case of death and certain amounts for illness or TPD, etc.) and has been paying a premium of $180 per month.

    Unfortunately, he has now fallen very ill with stage 4 cancer and today rang his insurer and advised them of his condition only to be told that he is only covered for life insurance ($500k) and not in the event of TPD insurance or the other 'living' insurance.

    I have another friend who has a policy with the same Insurer who pays $33 a month for $379k.

    My questions/ concerns are:

    1) In the event that he misunderstood the communication over the phone, it doesn't make sense that a $500k insurance premium would be $180 p/m when a premium for $379k would only be $33

    2) Would he be able to fight this on the basis that he has been paying premiums for the cover he believed he had even though he can't provide the policy documents?

    3) If he can't find his policy documents, is there any way that we can review the voice recording from when the policy was taken out to confirm what was discussed and agreed upon?

    It's obviously a pretty tricky situation and so any help or knowledge on insurance law will be greatly appreciated.

    Thank you in advance
  2. Lawyering mum

    Lawyering mum Well-Known Member

    26 September 2015
    Likes Received:
    Request a copy of the actual policy documents from the insurer. Don't take their word for it over the phone.

    The original documents should be dated, and they should have also sent out yearly updates etc. if you request the entire file (ensure that you escalate it) you should hopefully have some luck.

    If not you will need to engage a lawyer

    Good luck
    Tim W likes this.
  3. JS79

    JS79 Well-Known Member

    2 October 2015
    Likes Received:

Share This Page