Insurers Urged to Ensure Fairness Before Stopping Payouts
Insurers Urged to Ensure Fairness Before Stopping Payouts
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The Australian Financial Complaints Authority (AFCA) has highlighted the importance of procedural fairness in a ruling against TAL, a major life insurer.
The directive stresses that insurers must allow customers an opportunity to respond before ceasing their benefits.
This ruling came after TAL halted payments under an income protection policy from May 2023 to February 2024, issuing a procedural fairness letter only in June last year, months after payments ceased.
The focal point of the dispute centered on TAL's decision to stop payments without prior notification. The AFCA found this action unjust, supporting the claimant's assertion that payments should have continued until she resumed work in August. In response, AFCA ordered TAL to compensate the claimant, covering benefits up to July 28, adjusting the payout based on profit and loss statements, and providing interest for unpaid and underpaid amounts.
TAL initially rejected these claims, citing policy conditions that required adherence to medical treatment recommended by the claimant's doctors, which the claimant had allegedly not followed. Although the policy specified the need for ongoing medical care and compliance with recommendations, the claimant had opted for a conservative treatment approach, diverging from suggested cortisone injections and a surgical opinion.
In its findings, AFCA acknowledged that the absence of the claimant from work from February last year was not unequivocally justified but emphasised that the insurer should have communicated concerns promptly. This lack of timely communication potentially hindered the insurer’s ability to cut off payments earlier under appropriate procedural notice.
This ruling serves as a critical reminder to insurers about the necessity of procedural diligence when making decisions that impact policyholders' financial well-being. It underscores the duty of fair and timely notice, essential for maintaining trust and transparency in insurance dealings. For consumers, it highlights the importance of understanding policy requirements and maintaining open communication with insurers.
The AFCA’s decision is poised to influence how insurers manage benefit reassessment and termination processes. The case highlights the need for insurers to tighten their procedural practices to prevent similar disputes. Moving forward, insurers may implement more robust communication protocols and procedural fairness checks to ensure compliance with AFCA’s guidelines. This could also lead to broader industry reviews on income protection policies and claims management, fostering greater accountability.
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Knowledgebase
Public Liability Insurance: A very broad term for insurance covering liability exposures for individuals and business owners. It provides broad coverage, generally including all exposures for property damage and bodily injury.
