Geoffrey Hancy - Barrister

Phillips v ING Life Limited

[2009] FCA 283

An appeal was fully argued but settled before judgment. At trial client was not successful.  Life insurance contract beneficiary client. Life insurance contract. Barrett’s oesophagous. Whether non-disclosure or misrepresentation. Whether waiver of duty of disclosure. Compliance with s.29(4) of Insurance Contracts Act 1984 (Cth).

This decision was the subject of an appeal to the Full Court of the Federal Court (on grounds of misapprehension of medical evidence and erroneous finding as to who was the insured’s personal representative).The appeal was fully argued but the case settled before an appeal judgment was delivered

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