Hannover Life Re of Australasia Ltd v Colella

(2014) 47 VR 1; [2014] VSCA 205

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Insurance
2. › Life insurance
3. › Total and permanent disability
4. › Construction of TPD definition
5. › Meaning of 'unable to do any work'
6. › Whether capacity to perform a work task equates to capacity for remunerative work
7. › Whether availability of work in marketplace relevant
1. Insurance
2. › Life insurance
3. › Total and permanent disability
4. › Insurer's obligation to form opinion
5. › Duty to act reasonably and fairly
6. › Whether insurer's opinion comprehensively flawed
1. Appeal
2. › Standard of appellate review
3. › Appeal by way of rehearing
4. › Findings of fact by trial judge
5. › Advantage of seeing and hearing witnesses
6. › Whether findings glaringly improbable or contrary to compelling inferences
1. Insurance
2. › Interest on insurance claims
3. › Insurance Contracts Act 1984 (Cth), s 57(2)
4. › When unreasonable to withhold payment

Quick Take

The expression 'unable to do any work' in a TPD definition means unable to perform remunerative work of a kind for which the insured is otherwise suited by background, training and skills. It does not mean incapacity to perform any task or fragment of work. The test is concerned with capacity to perform work, not the availability of employment in the marketplace or region where the insured resides. The capacity to perform one or more work tasks does not equate to a capacity to perform remunerative work.