EQUITY - trusts and trustees - powers, duties, rights and liabilities of trustees - general matters - rules governing exercise of discretion - where trustee entered into new insurance policy - where trustee gave reasons for decision - whether Court can review trustee's decision - whether trustee breached any duty owed to the insured under the general law - whether Superannuation Industry (Supervision) Act 1993 (Cth) alters the general law and whether breach by trustee
INSURANCE - accident, sickness and income protection insurance - total and permanent disablement or total incapacity - discussion of matters going to the question of whether there was any difference in wording between the total and permanent disablement clause in the previous insurance policy and in the new policy - causation: whether the insured suffered any loss due to any difference in wording
Case Details
Citation[2010] NSWSC 363
CourtNSWSC
JurisdictionNew South Wales
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